Revolutionary War Pension and Bounty Land Warrant Application File S. 31,104, Andrew Harwell, Va.

SERVICE
NUMBER
Va.
Harwell, Andrew
S. 31, 104
CONTENTS

23510
Kentucky
Andrew Harwell of Leryles in the State of Kentucky who was a private in the com d commanded by Captain Mayberry of the reg t commanded by Col. Moore in the Virginia line for 9 months
Inscribed on the Roll of Kentucky at the rate of 33 Dollars 33 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 20 day of Jan y 1834 and No. 1611 Johnson
Arrears to the 4th of Sept r 83 33 Semi-ant. allowance ending 4 March 16 67
$100 -
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by David B. ... Clerk
Book 6 Vol. 7 Page 21

Revolutionary claim
For the purpose of obtaining the benefit of an act, entitled "An act supplementary to an act for the relief of certain Officers and Soldiers of the Army of the Revolution," approved on the 7 th of June 1832. I Andrew Harwell (Sometimes called Harvey) living on Troublesome creek, in the County of Perry and State of Kentucky, do hereby declare, that I was a private in the Army of the Revolution, for upwards of twenty four months, and continued in service under that and other arrangements, in all five or six years, being until the end of the war, when I was discharged as a private in Capt John Douglass's Company under Col. Williams who fell at the Battle of King's Mountain. I further declare that I do not remember the date of my first enlistment but it was in the County of Sussex and State of Virginia - that there was then no Captain of the Company but Mayberry Mayberry was Lieutenant and Commandant of the Company, - The Company together with myself were then marched from Sussex County to the White Plains in the neighbourhood of the City of New-York, where the head quarters of the American Army then was - that after the arrival at the White Plains I was put under the Command of Capt Sinclair (his christian name not recollected) who commanded the Light Scout (as it was called) - that the Colonel under whom he served was David Mason, for some time until he took sick and I was then under Col. Innis (the christian name not recollected) who took the place of Col. Mason - That I enlisted at first for three years, but before the time was expired, I enlisted to serve during the war under Capt Sinclair. That I was in the battle of Brandywine under Sinclair as Capt and Innis as Col. Genl Woodford was the Brigadier Genl and Genl Stevens was Major General. Genl De La Fayette (called the French Marquis sometimes commanded, but I do not think that he regularly had the command of the troops from Virginia to which I belonged. I further declare that I continued in service under the same Capt and Col. at Germantown near Philadelphia - and was with General Washington's army not only at Brandywine but went up the Schuylkill from there to Germantown, where then I was in another battle - but there was a portion of the American army that did not go to Germantown but then went to Red Bank and Mud Island Fort. - From Germantown I went with the Main Army to White Marsh Mills, about twelve miles

from Germantown, when we encamped for a short time the weather being exceedingly cold - Genl Washington had trees cut down for some distance around the camp for the purpose of keeping off the British Light Horse and whilst there the Regiment  we had frequent skirmishes with the enemy and provisions were uncommonly scarce and we had very hard times - after staying awhile at White Marsh Hills, Genl Washington removed the Army to Valley Forge where they took up winter quarters, but I do not remember dates of the year - however I was with some others detached as a foraging party to procure provender for horses and some few provisions and the portion of the army to which I was attached, wintered at the widow Keely's on French creek - in a Mill. - Some time during the next Spring I marched under Lieut. Mayberry from French Creek to Fredicksburg in Virginia, and and from there we went to Blanford, Pocahontas and Petersburg. At Fredicksburg Col. Bleford commanded and he continued the command of the Regiment to which I was attached at Petersburg and Col. Parker was in com- -mand of another Regiment at Petersburg. - Whilst at Petersburg there was an orderly Serjeant, (I think named McLand) who had to give out spirits and wine to the sick and attend to their comforts - McLand, it was discovered, neglected the sick and drank much of the wine and rum intended for them, and he was condem- -ned to run the gauntlet - which he did every other day for several times - He was an Irishman -
From Petersburg Col. Bleford and Col. Parker's Regiment marched to out to the Hanging Rock in North Carolina or near the State line. There Whilst on our March near the Hanging Rock, we were surprized by the enemy, who attacked us doubly mounted - each Light horseman, having an Infantry man behind him - our guns were empty & we were cut up and dispersed and the Regiment I think never again assembled - Some time after this Tory Fanning (some times called Bald head Fanning and some times Col. Fanning) who was a notorious Tory, took the Governor of North Carolina, at Hillsborough and carried him to Wilmington. - I then enlisted under Capt. White to go to Wilmington and retake the

Governor, but we were unsuccessful and were defeated but whilst in the neighbourhood of Wilmington, the news of the defeat of Lord Cornwallis reached us, and here I am a little too fast. After our defeat under White we retreated back - White was our Captain, but we were commanded by Genl. Butler. On our retreat we met Genl. Rutherford with other men and the horses of Butler's men were then sent away and his men went a foot, but Rutherford's were still mounted, providencer was very scared - It was the last time that we went down to Wilmington that we heard of the Capture of Cornwallis. - We did not relate the Governor, and I was a Sergeant of the White's Company  of the Georgia, and was thought that Butler acted badly. - I was in no more battles during the Revolution until the Battle of Kings Moun- tain - I was under Capt. John Douglass of Caswell County North Carolina - our Col. was Colonel Williams, who was killed at the battle, just before it closed, but few guns were fired after his fall. We defeated the British and Tories at Kings Mountain, Col. Ferguson, Col. Martin & Col. Husbands of the British Army were killed - We camp- ed on the battle ground all night and took our prisoners to Salem or the Moravian town - there I was discharged with many others. - Before we reached Salem, there were nine Tories hung near to Catawba river on one night and one next morning - among them was Col. Wills - Thirty six had been condemned to be hung but twenty six of them, were pardoned - Col. McCampbell was one of the Col's at Kings Mountain - I have been living in this County about sixteen years. - When I was was in Sinclair's Company, as Robert Glover, John Cleveland, John McKinney, Peter Lynch and myself were in the same Mess - I do not know that any person who served with me during the Revolution is now living or if living, I know not where they reside reside. - I presume my name must be upon the pay Roll. -
And further I declare, that I was not, on the 1 st day of May 1820 or at any time before or since on the Pension List of the United States. Witness my hand & seal this 17 th day of July in the year 1832. W. M. Hester  (Seal)

Abraham Childers, Charles Fugate & Nathan Noble State that they are acquainted with old Andrew Harwell, living on Troublesome creek in Perry County, and that he has for many years been reputed a Revolutionary Soldier He is apparently between Seventy & Eighty years old and a man of good character and standing.
State of Kentucky } At a Circuit Court commenced Perry County } held in & for the County County of Perry for the 17 th day of July 1832 } The within Petition of Andrew Harwell was then produced in open Court and sworn to by him and the affidavit of Abraham Childers, Charles Fugate and Nathan Noble above was in like manner sworn to by them at the same time in said Court and both the petition and Affidavit were ordered by said Court to be certified to the Department of War. Given under my hand and private Seal (there being no public Seal to my office) this 18 th day of July 1832 Jesse Combs Clerk
Clerk of the Perry Circuit Court
State of Kentucky } Perry County Circuit Court } S. Joseph Eve I Joseph Eve Circuit Judge of the Circuit Court for the County aforesaid being a Superior Court of Law of the said Commonwealth, do hereby certify that Jesse Combs, whose name is attached to the foregoing certificate, is now the Clerk of the Perry Circuit Court & that his certificate is in due form of law and that due faith & credit should be given to his acts as such. Given under my hand this 18 th day of July 1832 Joseph Eve
I do hereby certify that Col. Joseph Eve is one of the Circuit Judges of Ky & I do also certify that the above is his own signature. R. A. Johnson

28.795 Andrew Warrell Ken.
from - p 10m Wall #33 \frac{33}{100}
not a Bill
from Mr. Upson 2 at Sterling
See inside
Wm. R. M. Johnson N. R.

WAR DEPARTMENT,
Pension Office,
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 subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew 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, shewing the Service of Andrew Harnell
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     1776 2 7 13 Pt. Col Col Mayberry Col M c Intosh 60 Traditionary.   Can only be allowed for ten months if he cannot prove his first service. Not entitled under an act of 15 May 1828.   Not on the Roll see note.  
I am, respectfully,
Your obedient servant,
JAMES L. EDWARDS,
Commissioner of Pensions.
If you can prove more do it otherwise send back & I can get for 10 months Ph. M. Johnson

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 any other benefit, 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 days 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 (m) 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 traditional 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 inquiry 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, 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 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 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.
[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.
[7] 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.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

31 104 Rey INVALID.
File No. 31 104
Andrew Harwell
Dis Rev War
Act: June 7 32
Index:—Vol. 2 , Page 173
[Arrangement of 1870.]

Andrew Hanvill
1840 1841 1842 1843 1844 1845 1846 1847 1848 1849 1850 1851 1852 1853 1854 1855 1856 1857 1858 1859 1860 1861 1862 1863 1864 1865 1866 1867 1868 1869 1870 1871 1872 1873 1874 1875 1876 1877 1878 1879 1880 1881 1882 1883 1884 1885 1886 1887 1888 1889 1890 1891 1892 1893 1894 1895 1896 1897 1898 1899 1900

Andrew Harwell makes the following additional statement on oath before the judge of the Perry Circuit Court on this 17 th day of October 1832 and states that he does not know the date he was born, but he remembers very well when Independence was declared in 1776 and thinks he was then about 20 years old. He from the best information which he has had on the subject of his age, thinks that he is now about 76 years old. He was born in Scotland and came to America when a boy - no parents were with him and he lived with Col. David Mason in Fauquier County, Virginia, generally, but occasionally with Mason's son in law, Jordan Richardson. Col. Mason used to send him to Williamsburg after his letters & newspapers until Mason went into the service when this petitioner went with him as a private. He is not by any means certain that he entered service in 1776, or 77 - he was under Lieutenant Mayberry for several months before he joined the main army near New York. On the way towards the main army till the men of Col. Mason were in voluted for the small pox at Sunbury - After the dispersion of Col. Buford's Regiment as stated heretofore, this petitioner went out or enlisted as a volunteer under Capt. White in the North Carolina Militia, he thinks in April 1781 and served under him as Capt. acting Genl Fuller as General for a part of the time & Genl. Rutherford for the balance of the time. He was marched to Wilmington as stated and discharged at some time, he thinks, in December 1781 - his discharge is kept for some years, but finally lost or destroyed it. He thinks he was out at least seven months and was mostly engaged in watching the Tories & keeping them in check. This petitioner lived in Caswell County when he enlisted under Capt. White - he also lived in said County when he enlisted under Capt. John Douglass in the North Carolina Militia he thinks about the 1 st of August 1782 - he knows the weather was very hot - he was under Col. Williams, Col. Wm. Campbell, Col. Jas. Dysart or Daisy and Col.

Isaac Shelby at different times, and was for a great portion of his time, with Douglass's Company engaged in keeping the Tories in check - He was at the battle of Kings Mountain as before stated - There is a mistake in his original declaration in stating he was discharged at Salem - he was discharged on his return to Caswell County in the fall of the year. He thinks he served about 3 months under Capt Douglass - He had a discharge from Capt Douglass but lost it long since - he has no record of his age and never knew one. - From Caswell County (where he married) he removed to Washington County Virginia, from thence to Pulaski County and from the latter place to Perry County Kentucky, where he has resided the last 12 or 15 years. - He is known to Daniel Duff a clergyman, & Alexander Patrick Egan and many others of his neighbours. He hereby relinquishes all and every claim whatever to a pension or annuity except the present and declares his name is not on the Pension Roll of the agency of any State. Sworn to & subscribed the day & year aforesaid.
Andrew Harwell
Mr Daniel Duff a clergyman & Alexander Patrick Egan both residing in Perry County, do certify that we are well acquainted with Andrew Harwell who has signed and sworn to the foregoing declaration - That we believe him to be 76 years of age and we say he is a man of truth and respect in the neighbourhood and reputed and believed to have been a soldier in the revolution and we concur in that opinion. Sworn to and subscribed the day & year aforesaid.
Daniel Duff
Alexander Patrick
And the said Court declares their opinion after the investigation of the matter and after putting the interrogatories as prescribed by the war department, that the above named Applicant, Andrew Harwell was

a soldier of the revolution and served as he states - And the said Court further certifies that it appears satisfac- -torily that Daniel Duff is a Clergyman residing in Perry County and Alexander Patrick Esq residing in said County is a credible person that their statements is entitled to credit.
State of Kentucky 3 rd Set. Perry County Visited
I Luke Combs clerk of the Circuit Court for the County aforesaid, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of Andrew Harwell for a pension.
In testimony whereof I have hereunto set my hand and private seal (there being no Seal of office) this 17 th day of October 1832. Luke Combs - Seal