Revolutionary War Pension and Bounty Land Warrant Application File S. 1953, Josiah Harper, Va.

SERVICE
NUMBER
Va.
Harper, Josiah
S 1953
carded
CONTENTS

7378 West Tennessee
Josiah Harper
of Smith Co. in the State of W Tenn who was a private in the company commanded by Captain Webber of the Regt commanded by Col Sleen in the War time for 6 mo
Inscribed on the Roll of W Tenn at the rate of 20 Dollars — Cents per annum. to commence on the 4th day of March, 1831.
Certificate of Pension issued the 6 day of April 1833 and sent to Sarah Pickett Carthage
Arrears to the 4th of March 40.00 Semi-ant. allowance ending 4 Sept 10.00 $50.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Daniel Boyd Clerk Book 8 Vol. 7 Page 82
Letter to Aft. & Penf. Nov. 29. 1836 -
order to pay 17. Nov 1837. Letter to A. Ferguson 17. Nov 1837.

State of Pennsylvania Dauphin County.
On this day of September
1832 personally appeared before me Enem Whittley one of the acting Justices of the peace, for the State and County aforesaid, Isaiah Harper a resident of said County, aged twenty and (71) years, who being first duly sworn according to Law, doth on his Kneels the following declaration, in order to obtain the benefit of the act of Congress passed the 7th of June 1832. That he entered the service of the United States and served as herein after stated.
That he in the latter part of the summer or first of the fall in 1780 in Bedford County and State of Virginia That he was marched from thence to Hillsborough, and attached to the Company of Capt. Phillip Clepper, he was marched from thence to Salisbury, thence to the Shenandoah Valley, thence he was marched to head the Brittons and Salisbury, he was in a skirmish with the British at the Yadkin River in North Carolina. And after various other marching, the partic- ulars of which is not distinctly recalled, he was marched back to Pennsylvania County in the State of
Virginia (and at Pittsburgh and Carlisle) in the State of Virginia, was regularly discharged by Capt. Phillips Clepper on the 13th day of February 1781. (and he now produces his discharge from Capt. Clepper, which he prays may be taken as part of his declaration. He, he thinks, six months in this line of duty. The Regiment he was in was commanded by Col. Glenn, or Glan, and Major Stubblefield. The Brigade was com- manded by Gen. Stevens. He has no documentary evidence, except his discharge, and that he knows of no person, whose testimony he can procure who

Can testify to his service. He hereby relinquishes every Claim whatever to a pension or annuity except the present and declares that his name is not on the pen- sion Roll of the agency of any State or Territory in the United States, or else where.
Quest. 1st when, and in what year were you Born? and I was born in the year 1768
Quest. 2nd your kind of your age, if so, when is it? and I have from my father's register
Quest. 3rd when was you living when called into service Bedford County when had you lived since the Revolutionary War, and when do you now live?
and I lived in the State of Virginia a long time then moved to Smith County in Tennessee State where I now reside.
The answers to the H. S. H. interrogatories, will be found embodied in the preceding declaration.
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 service as a soldier of the revolution. — I am acquainted with Esquire Whitley Esq. John Gordon, Capt. John Harrison, Col. Robert Allen, and many other respect- able gentlemen of this County, to whom reference might be made if necessary.
Subscribed and sworn to before me this 19 day of October 1832.
Esquire Whitley — Justice of the Peace
Josiah Harper

State of Tennessee Wrinkle County  I the said one of the acting Justices of the Court of Pleas and Quarters Sessions for said County do hereby testify that it is my opinion after the investigation of the matter, and after putting the interrogatories presented by the complainant judgment that the above named applicant Josiah Harper was a revolutionary soldier, and served as he states. I also further certify that the said Josiah Harper is so advised and informed, that he cannot travel to Court to be examined according to the form presented, without endangering his life - I also certify that it appears to me, that _____ who has signed the foregoing
Certificate. Clergymen resident in said County of Smith, and that _____ who also has signed the same is a resident of said County and that they are credible persons, and that their statement is entitled to credit.
J. P. [Signature]
being in said County and State aforesaid hereby certify that we are well acquainted with Josiah Harper who has subscribed and sworn to the foregoing declaration, that he believes him to be about 71 years of age, that he is respected and beloved in the neighborhood where he resides, to have been a soldier of the revolu- tion, and like Common in that opinion Sworn to and subscribed before me this day of 1832

State of Tennessee } I Jonathan Pickett Clerk Sevier County. } D. Quarter Sessions for of the Court of Pleas and Quarter Sessions for said County do hereby certify that there is now before the said Court the proceedings now had in the matter of the application of Josiah Harper for a pension, now is and was at the time said proceedings were had before him, one of the acting Justices of the Court of Pleas and Quarter Sessions for said County, duly Commissioned and qualified according to Law.
For Witness my hand I have here unto set my hand and affixed the seal of said Court at office in Knoxville this 15th day of December 1832. and 57th year of our Lord one thousand eight hundred and thirty three.
J. Pickett Clerk
Josiah Harper
21049

No 21049. Josiah Harper Smith County Tennessee
From 1780 private 6 months, $20.
Jonathan Pickett Clerk Smith County Court Tenn

BRIEF in the case of  Josiah Harper  County of Smith  in the State of  Tennessee  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge?  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 70  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.     In 1780 fall of 6 As a Private Capt Webb Col Glenn  
 5. In what battles was he engaged? Skirmish with British  6. Where did he reside when he entered the service? Before Co was  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Documentary Proof  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.
Dyer Castor Examining Clerk.

Rev. War.
1953
INVALID.
File No. 1953
Josiah Karpenter Post, Val. line
Act: June 7 1832
Index:—Vol. a , Page 157
[Arrangement of 1870.]

Asiatic Harper M. Servd p 20. 7. June 1832
To what time last paid
Pension Office 17. Nov 1837
To the 4 Sep - 1833 JH

Josiah Harper S.F. 1953 - Ya

This is to certify that Jonah Harper dislocated in the 2 nd Batt of Virginia Militia in Capt. Webber's Company has served his time Out faithfully and is hereby Discharged Given Under my hand at Pittsburgh Old Court house this 13 day of Feb y 1781
Philip Webber Capt

Nov 26.
Frank Harbes New York
737
Edwards Esqr Commissioner of Pensions Washington City
SS

Mr. J. L. Edwards, Commissioner of Pensioners,
Respected Sir,
I have been directed by Mr. J. M. Drips to direct a line to You, on the Subject of giving me information, Respecting the Cause, Why I have not received my Pension, I have Once drew, Since Which two years has Elapsed, Since drawing one Salary Cent, I am now verging on Seventy four years of age, I am incapable to travel, and living in a Remote part of the Country - I have never drew but once, I would therefore take it as a particular favor, if you would condescend so far, as to give me, an Immediate Answer, in every respect Why I am unjustly debarred, of what I am so Justly deserving, I have been to the unnecessary of Expense of Employing the most eminent people to Write on the Subject, but all has no effect, Your paying the strictest attention, to this, and an Immediate answer Will Confer an obligation on Sir your Most Obt and very Nble Servant
N B I have sent an true Power of Attorneys and they failed in consequence of Want of Formability, the last year I understood every thing Was Correct, but two years has elapsed that I did not know, there was any such time to preclude my drawing -
Josiah Harper

State of Tennessee This Day came before me John Smith County } Lancaster one of the acting Justices of the peace for said County Josiah Harper and made oath in due form and saith that the within statements is just and true sworn to and subscribed before me the 8 th Day of November 1836 Josiah Harper Attest
John Lancaster
State of Tennessee Smith County ss. I John P. Barnett clerk of the County Court of Smith County. Do hereby Certify that John Lancaster before whom the foregoing affidavit was made is an acting justice of the peace for said County of Smith, duly commissioned and qualified as the law directs.
In Testimony whereof I have hereunto set my hand and affixed the seal of office at office in Carthage this 10 th Day of Nov 1836 and the 61 st Year of American Independence John P. Barnett clerk of Smith County Court

Carthage Tennessee 1 st November 1887
Dear Sir
Enclosed you have the Pension certificate and the power of attorney of Doseah Harper a Revolutionary Pensioner. By reference to your letter of November 29 th 1886 which is now before me I discover that you ordered the Pension Agent at Nashville to pay Mr Harper his Pension. Accordingly the forms you sent were prepared and filled up so carelessly by those acting for him that they were rejected by the Agent for paying Pensions and a new power of attorney was then filled out correctly by him and sent to Mr Harper with directions to have it executed. This was done and it was dated 3 rd of May last but by the negligence of the attorney the clerks certificate was not appended until 5 th September last and was never presented at all. I called on the Agent for paying Pensions myself about ten days ago to ascertain whether he would now pay the Pension and upon reference to his Book he observed that two payments had fallen due since he had had directions from you to pay it and that a new power of attorney had better be executed and sent to you for your consideration and that you would direct the payment thereof.
Accordingly at the request of the old mans neighbours I waited on him at his house and took a Justice of the Peace with me and have made out the power of attorney as you discover. I have been thus more particular in detail as great negligence is to be

to be attributed to those having the management of the old mans affairs and particularly his Pension As to himself he has been confined by Disease to his bed and is unable to attend to any business out of doors. The old man has given me all his old papers in relation to the proceedings heretofore had and they are now before me but I deem it unnecessary to trouble you with them; they are however ready and forth coming should you require them
You will be pleased therefore to direct once more the payment of the old mans Pension and I will promise not to neglect him if in my power hereafter With great Respect I am &c.
Yours truly A. H. Harkness
James L. Edwards Esq. commissioner of Pensions Washington city

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Josiah Harper which require further proof or explanation.
I. Does the declaration show where the applicant resides? II. Did the declarant make the declaration in the county where he resides? 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? 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? VI. Has he given the names of the officers under whom he served, in conformity with the regulations? VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? VIII. Has the Court given their opinion? IX. Has the Clerk given his certificate? 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?

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? 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'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? 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.