Revolutionary War Pension and Bounty Land Warrant Application File S. 31,092, Peter Herget, N.C.

SERVICE
NUMBER
N.C.
Hergit Peter Hargate or
S. 31,092
CONTENTS

13.539 Kentucky
Peter Hargate
Alison known in the State of Kentucky who was a Private in the company commanded by Captain Cooke of the A.P. company by Col. Pogue in the North Western lines for
Inscribed on the Roll of Kentucky the rate of 30 Dollars — Cents per annum commence on the 4th day of March, 1831.
Certificate of Pension issued the 16 day of May 1833 and South Market New Washington
arrears to the 4th of March 60.00 Sem-ant. allowance ending Sept 15.00
$75.00
{ Revolutionary Claim, Act June 7, 1832.
Recorded by Daniel B. Boyd Clerk Book 6 Vol. 7 Page 12
allotments to P. Capt. H. Pricklin Oct. 25. 1836 - let to S. Hargate with 26 pgs

Declaration, in order to obtain the benefit of the act of Congress, passed June 7 th 1832.
State of Kentucky } County of Marion } Sec.
On this 14 th day of January 1832 personally appeared in open Court, before the Justices of the Court of said County, now sitting Peter Hargate a resident of said County of Macon and State of Georgia aged twenty eight years, who being first duly sworn according to law, doth, on his oath make the following de- claration, in order to obtain the benefit of the act of Congress passed June 7 th 1832. That according to the information received from his parents he was born on the 25 th of July 1754 in the County of Liberty William son  of Georgia called at Oconee, a branch of Big Pedee in the State of South Carolina, when he was about 8 or 10 years old his parents removed to the County of Mecklenburg in North Carolina where he resided until sometime in the fall of 1779 - That in the spring 1778 he was drafted into the service of the United States as a Militia man of the State of South Carolina for the term of three months under the following Officers viz. Capt Robert Cook & Lieutenant Jackson Duggett, company officers - and Col Thomas Potts commanded the Regt, he was usually called Col. Potts, and perhaps his name might have been Pollock. From Charlotte Col. Potts marched to Camden, from thence to the mouth of Waccamaw River in the State of South Carolina where he was stationed perhaps a month or per- haps a little more, from thence he marched to

Charleston, where they remained sometime, and were discharged there by Col. Pote, after the expiration of the nine months for which they had been drafted. The discharge given this affiant was an honorable discharge for nine months term of duty which as expressed in said discharge exempted him from further service for three years & nine months, that being the regulation at that time in North Carolina, where they served nine months. This discharge was signed by Col. Adam Alex- ander the Commanding Officer in Mecklenburg County - who also gave this affiant a pass or certificate of good conduct, he wishing to emi- grate to Kentucky. From the advanced age of the declarant and the infirmities attendant thereon his recollection is much impaired and he cannot well recollect dates, thus he cannot tell the exact time of his being drafted nor his discharge he recollects circumstances & places well - He recollects he was drafted sometime in the sum- mer 1778 at Charlotte as stated, marched as stated and was discharged at Charleston, after he was discharged he went to his uncle's who lived not far from the Catawba where he remained he thinks three months, the day after he left his uncle's he met with a party of men who were going to bury the dead, killed at Buford's def- this may fix the date nearly, this declarant assisted in burying all that could be found. During the time he was in service he per- formed the duty of a sergeant. He has not in his possession any documentary evidence what- having lost or mislaid his discharge, nor does he know

any person by whom he can prove his services To General Philemon Thomas he would refer having long lived a near neighbor to him and having frequently conversed many years ago with him upon the subject, he is now a Representative in Congress and no doubt will give his evidence. This affiant would also refer to his Excellency Andrew Jackson President of the United States he will no doubt recollect the marching of Col. Pickett, this affiant recollects having seen him at Charlotte after his return, but had not any acquaintance with him. In Sept. 1779 he removed to Kentucky where he has ever since resided. He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension rolls of the agency of any State. Given to and subscribed the day and year aforesaid. Peter Hargett
The affidavit of Thomas P. Thomas and Lewis Craig taken in open Court at the time and place as stated above. This affiant Thomas P. Thomas who is a house carpenter and Lewis Craig who are both neighbors and reside in the neighborhood of said Peter Hargett. State that they have known the said Peter Hargett for the last forty years, and that he has generally been reported to be a soldier in the revolution, that they have frequently heard him speak of his services and that he is generally reputed and believed in his neighborhood to be a military soldier, and that they concur in that belief. That

Persons are well acquainted with him and he has been to be of about the age of twenty eight years as seen to in his declaration - and that further publicly and gone about as he has the facts as stated in his declaration -
Thos H. Thomas
Lewis Craig
State of Kentucky
Marshall County Set January Court 1833
Peter Hargate produced his Declaration with the deposition of Thomas P. Thomas and Lewis Craig attached thereto, which were sworn to in open court. And the Court after the investigation of the matter is of opinion that the said Peter Hargate was a Revolutionary soldier and served as he states and that the said Thomas P. Thomas and Lewis Craig are credible persons and their statements are entitled to credit.
I Marshall Clerk of the Court of Marshall County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of application of Peter Hargate for a pension.
In testimony whereof I have hereunto set my hand and affixed the seal of Office of said Court this 14 th day of January 1833.
Marshall Clerk
3 1337 33
Peter Hargate 21031

21,641.
Peter Hargate: Kentucky.
from 1778 private of month $30.
Marshall Ky. Clk: Mason County Ky. Washington

WAR DEPARTMENT,
Pension Office.
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will show what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of Peter Hargate, of Mason Co. Ky.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Drafted in 1778 — 9 — Pa. Capt. R. Cook, Lieut. Jackson, Siggett. Col. Th. Pogue. Charlotte and from there to the mouth of Waccamaw River; from there to Charlotte. Heelen County Ky. Feb 78 Traditionary.  
I am, respectfully,
Your obedient servant
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this            day of            personally appeared (a) before A. B. a resident (b) of            in the county of            and State, Territory or District of            aged (c)            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 provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d)            with            and served in the            (e) regiment of the            line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of Sworn to and subscribed the day and year aforesaid.            A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I            of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of            for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of            &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the            and C. D. residing in (the same) hereby certify, that we are well acquainted with            , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
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 served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate, is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I,            Clerk of the Court of            do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this            day of            &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (a) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons - one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The testimony evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
(a) The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
(b) The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
(c) The age of the claimant must invariably be mentioned.
(d) The declarant must mention the period or periods of the war when he served.
(e) Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, 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. 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, deposes 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 that 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 shown: 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.
(f) The law makes the relinquishment indispensable.
(g) The opinion of the Court is always required. ?
(h) The Clerk must give his certificate in every case.
(i) The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he 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.
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 papers 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.
Proof of Service.
(j) 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 claimant's 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.
(k) The notes from (a) to (i) are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note (j) applies to continental troops only.
(l) This traditional evidence is indispensable in militia cases.
(m) If a witness cannot be found, the declarant must state the fact.
(n) The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

October 19, 1897.
Mr. Geo. B. Wilson Box 425 Lexington, Kentucky.
Rev. John Peter Kempt P. O. Box 100
Dear Sir:
Reference is made to your letter in which you request information regarding Peter Kempt, a Revolutionary War pensioner, deceased. You state also that his name is on the roll of honor at Blue Licks as one of the last survivors of that battle.
The data given herein are shown in the papers on file in the above noted pension claim, S. 18488, based upon service of Peter Kempt, whose name is shown Kempt and Kempt, in that war.
Peter Kempt (Kempt or Kempt) was born July 18, 1741, on "Cattletown Creek, a branch of the Potomac", in South Carolina, and moved with his parents, at the age of eight or ten years, to Waccamaw County, North Carolina. The names of his parents are not shown.
While a resident of Waccamaw County, North Carolina, he enlisted in 1778, at Charleston, South Carolina, served as sergeant in Captain Robert Galt's company, Colonel Thomas Polk's North Carolina regiment, marched to Camden, thence to the mouth of the Waccamaw River in South Carolina, after that to Charleston and was discharged at the expiration of service at nine months.
After his discharge, he went to his uncle's home, not far from the Catawba and remained several months; the name of this uncle was not stated. Then he left this uncle's home to go to Kentucky. He met a party of men who were engaged in buying horses who were killed at Boones Defeat, and assisted them. He made no reference to the battle of Blue Licks.
He was allowed pension on his application executed January 14, 1833, at which time he resided in Mason County, Kentucky; his name was borne on the pension roll as Peter Kempt. He died November 21, 1833.

Peter Harget (Hargett) married February 25, 1817, Sally Pool. Nothing they were married by A. Hadden, no relationship to said Sally stated. Their marriage was recorded at Paris.
Sally Hargett, soldier's widow, was still living in 1820. Her son-in-law, Samuel Frazier, resided then at Maysville, Mason County, Kentucky. The name of his wife is not known. There are no further data regarding the soldier's family.
Very truly yours,
A. B. HILLER, Executive Assistant to the Administrator.

1937-Oct. 19. Hist. to Earl D. Wallace J.L.
31092 Recy INVALID.
File No. 31,092
Peter Hargate Si Rev rev
Act. June 19 82
Index:—Vol. 3 Page 122
[Arrangement of 1870.]

Lexington, Kentucky
October 8, 1937
Department of Revolutionary War Pensions
Washington, D. C.
Dear Sirs:-
OK Will you kindly send me a complete account of the War Record of Peter Harget who is listed under Pension # S-31092 dated January 14, 1833, issued May 16, 1833 to him at his home in Mason County, Kentucky, however, his service was in North Carolina.
I shall greatly appreciate your giving me data that you have on file respecting this man.
I note that his name is on the monument at Blue Licks as one of the last survivors of "This the last Battle of the Revolutionary".
Thanking you, I am
Yours very truly,
Earl D. Wallace Earl D. Wallace Box 4413
EDW/O
1778 1779

Pension Officer Oct. 26 1849
Sir,
I herewith return apart of the papers in the case of Molly Kargate  Lord widow of Peter Kargate who was a pensioner of the Kentucky Agency, under act of 7 th June 1832, and have to state that she was not entitled to a pension. She was married in 1817, and there is no pension law granting pensions to widows of ordinary soldiers who were married after January 1. 1800.
Mr. Samuel Frazer Mairena Mason Co. Ken.

... 1839 ... 1839
Peter Hargrave Mary Ford Eastin Married 23 Febrg 1817 Died 24 Nov 1836 Last pay due 16 Nov 1836
Sam Frazee Minerva Mason County Kentucky

Paris Oct 10 th /49
Dear Sir
I have examined the records in my office and find the marriage return as follows
I do certify that Peter Harget and Molly Lord Eastin were united in marriage by me the 23 rd day of February 1817
A Eastin
Copy
W. H. Smith clk By Geo. W. Smith. Sec.
Entered into the records of the Baptist Church 1818 James M. G. 1818
Peter Harget died on the 24 th November 1836 The last payment of $30 was due on the 16 th of November 1836 but was never paid

Lexington Ky. Oct 15/49 Leslie Combs.
In behalf of widow of Peter Haysgate claiming Pension J. H.
Mr Allison and Oct 26. 49 see letter S. P. Haysgate
Rev. John Lott
Commissioner of Pensions Dept of the Interior Oct 20/49.

Lexington Oct 15/49
Sir
I am desired by the widow of an old soldier - Peter Hargate - to enclose you these papers to ascertain if the law allows her any thing by way of pay or pension - Please address your answer to her Son in law - Sam. Fraizee Minerva - Mason county Ky.
Respectfully Yours &c. Leslie Combs
To the Hon Secy of War