Revolutionary War Pension and Bounty Land Warrant Application File S. 16857, John Hawkins, N.C.

SERVICE
NUMBER
Al.
Hawkins, John
S. 16857
Carded
CONTENTS
✓

Missouri 22.4/2
John Hawkins 2
of Potosi. — in the State of Missouri who was a Private in the Co. commanded by Captain Brillard of the Regt commanded by Col. M. Dowell on the Macon line for 1 year, 8 mo. & 14 days.
18th Mo. Infantry. — 60.00 2.14. Cavalry. 11.67 $ 71.67
Inscribed on the Roll of Missouri at the rate of 7 1/2 Dollars 62 1/2 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 9 th day of Feb. 1833 and sent to Mason Brissel. Potosi. — Missouri.
Arrears to the 14th of Sept — 1833 — 179.18 Pemi-ant. allowance ending 4 Mar 34 — 35.85
$215.00
{ Revolutionary Claim, } { Not June 7, 1832. }
Recorded by W. H. Malone Clerk, Book 8 Vol. 8 Page 82,
Date of death not on 92

State of Missouri } In the Circuit Court Washington County } July term 1833
On this 8 th day of July 1833 personally appeared in open Court, before Charles R. Allen, Judge of the Circuit Court in Washington County State of Missouri, now sitting, John Hawkins, a resident of Washington County State of Missouri, aged seventy one 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 passed March 7 th 1832.
He states that he was born in December 22 d 1762 on Hyes river North Carolina — that he has the record of his birth, copied from the family record of his father — that he was living in Burke County N th Carolina, when he first entered the service — that he resided in Burke Coun- ty till 1799 when he removed to upper Louis- iana, now Missouri, where he now resides.
That the first time he entered the ser- vice, he volunteered in a company of light horse against the Indians in the spring of 1779, and served about two weeks or more, under Capt. Geo. Brittain — that the same spring he volunteered a second time under Capt. Kennedy, now Gen. Kennedy of Kentucky, against the Cherokees up the Catawba River at the Cherokee Town on Duck River gave a bond of £2000 That on his return, he stopped at Fort, near the head of the Catawba, called Browns fort, where he continued about a month, under the command of Capt. Josiah Bryan — that he then went to a fort lower down the same river, called Davidsons fort, where he comple- ted his tour of three months, and immediately

substituted for a man whose name he has forgotten, for another tour of three months, under Captain Smith, according to the best of his recollection — that he then returned to the upper fort ( Brown fort ) where he served three months as a volunteer under Capt. Smith and, when other militia came to relieve them, he substituted for a Dutchman by the name of Askebrunner, and served three months longer under the same captain. That he then returned home, but in a short time, he volunteered under Maj. or Col. McDowell, he is uncertain which he was, at the time, in a company of light horse, furnishing his own horse, and made an excursion into South Carolina, upon the waters of the Tiger and Pacolet rivers, against Ferguson he was out on this expedition, two months. In the fall of the same year (1780) he belonged to the minute men who were in the winter called out to join Gen. Morgan, about the time of the battle of the Cowpens — that at the time of that battle he was in the neighborhood of the Cowpens — that in this expedition he was in service one month, as near as he can recollect — that shortly after his return from this expedition he again volunteered under Capt. McDowell, and returned to the upper Fort Daniels on the Catawba, where he served till the last of summer or the first of the fall, when it was thought that there were more men at the fort than necessary, as the Indians had become less troublesome, he volunteered and marched from that fort; and went into the lower parts of South Carolina, against the British and Tories, near Wilmington under the command of Gen. Rutherford, Col. McDowell and Capt. McDowell, all militia officers, and served three months making eight months from the time

he last entered the service - that he was in the service at other times, the particulars he cannot call to mind, with any certainty - that from the time of his entering the service in 1779 till the close of the war, he was almost constantly in service. He further states that he has no documentary evidence of his services as he never expected to have occasion for it, and he further states, that he knows of no person that has a personal knowledge of his services, having removed from his native state and all who had such knowledge 36 years ago. He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency in any state.
John Hawkins
Sworn to and subscribed the day and year first aforesaid
Isaac M. Brady Clerk
We Parker Snedecor a clergyman residing in Washington County and Augustus Jones residing in the same County hereby certify that we are well acquainted with John Hawkins who has signed and sworn to the above declaration that we believe him to be seventy one years of age that he is reputed and believed in the neighborhood where he resides to have been a soldier in the revolution and that we concur in that opinion.
Sworn to and subscribed the day and year aforesaid
Parker Snedecor A. Jones
Isaac M. Brady Clerk

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 revolutionary soldier and served as he states. And the court further certify that it appears to them that Parker Snedison who has signed the preceding certificate is a clergyman residing in the County aforesaid and that Augustus Jones who has signed the same is a resident of the same County and a credible person and their statement is entitled to credit.
William C. Ledge
State of Missouri Washington County ss. I, Isaac M c Grady Clerk of the Circuit Court of the County aforesaid do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John Heawkins for a pension
In Testimony whereof I have hereunto Set my hand and seal of Office at Potosi this 12 th day of July 1833
Isaac M c Grady Clerk
26.843

26. 843
John Harrkins Missouri
Adm. May 8 months and 14 days. — 2 months and 14 days from then Car.
18
3/2 5 8.33
  60. 833  10  71.67 2/3    55.34   148.34    87.3   35.81    116.62   1)9.18  
Mason Tripet Potosi Missouri

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 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 John Harrkins
   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.     1779 14 Carp Capt. Britain 71 years   " 1 " Kennedy Berke   2 County Wadsworth   3 Capt. Smith N.Y.   3 "   2 Carp Col. McDaniel   1780 1   8 Capt. McFarland  
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 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 fix 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.

January 10, 1938
XXXXXXXXXXXXX
Mr. W. O. Alexander P. O. Box 31 Salida, Colorado
JOHN HAWKINS S. 16657 BA-J/MLB
Dear Sir:
Reference is made to your letter in which you request the Revolutionary War record of John Hawkins who, you state, was a native of Buncombe County, North Carolina, enlisted when about sixteen years of age, later settled in Washington County, Missouri, where he was known as Major Hawkins.
The record of John Hawkins follows as found in pension claim, S. 16657, based upon his service in the Revolutionary War.
John Hawkins was born December 22, 1762, in North Carolina, on the Hyco River. The names of his parents were not given.
While residing in Burke County, North Carolina, John Hawkins volunteered in the spring of 1779, served two weeks or more as private in Captain James or Joseph Britain's company of light horse in the North Carolina troops against the Indians. He volunteered again in the spring of 1779 and served as private in Captains Kennedy's and Josiah Branham's companies against the Cherokees Indians up the Catawba River, length of tour three months. Upon the expiration of that tour, he immediately volunteered and served as private under Captain Smith in the North Carolina troops, length of tour nine months. A short time after returning home, he volunteered in 1780 and served two months as private in a company of light horse under Major or Colonel McDowell on an expedition into South Carolina. In the latter part of 1780 or in 1781, he was called out and served one month near Cowpens, names of officers not given. Shortly after that, he again volunteered and served a tour of eight months as private in Captain McFarland's company, Colonel McDowell's North Carolina regiment. He stated that he was in service at other times but no further details of that service were given.
The soldier continued to reside in Burke County, North Carolina, until 1797 when he moved to that part of upper Louisiana which was later Missouri.

John Hawkins was allowed pension on his application executed July 8, 1833, while a resident of Washington County, Missouri.
It is not stated whether he ever married.
In order to obtain date of last payment of pension, the name and address of the person paid and possibly the date of death of John Hawkins, you should write to the Comptroller General, General Accounting Office, Records Division, this city, and cite the following data: John Hawkins, certificate #22472, issued November 9, 1833, rate $71.67 per annum, commenced March 4, 1831, Act of June 7, 1832, Missouri Agency.
Very truly yours
A. D. HILLIER Executive Assistant to the Administrator

Posi mo 3 July 13 3
Free
26. 843.
War Department Pension Office Washington City D. C.

Potosi July 12 th 1833
Sir
I herewith transmit to the war Depart- ment the declaration of John Hawkins who states himself to have been a soldier in the revolution - the belief in his neigh- bourhood is universal as to that fact. The proof in his case is now before you - the best that he can produce. If defective in any particular it can probably be supplied. Mr Hawkins requests a speedy action in his case because he is poor and but badly able to support himself. His country owes him a support at least, and to her he appeals. I trust she will not be deaf to his appeal.
Respectfully yours Mason Grisell.
N. B. A. Jones is the Marshal of Missouri; he was born and bred here, and has known Hawkins from the time he (Jones) was a boy.

16857 INVALID.
1916 Aug 94 - History to Mrs.
Ella Maday. MBH.
1938 Jan 10 - Dist. to N.C. Alexander — MK 13
File No. 16857
John Howkins Pre Civil War
Act: Cons. 7" 39
Index: — Vol. 1 , Page 165-
[Arrangement of 1870.]

DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
Washington, D. C., _____, 19_____
In reply to your request of _____, received _____ for a statement of the military history of John Hawkins , a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his ( or his widow's ) application for pen- sion on file in this Bureau. S.F. 16857
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Spr. 1777 2 wks. Pvt. Jos. or James Britain ✓ N.C.   Spr. 1779 3 mos. Wendy & Josiah Brantham ✓   ✓ 9 mos. Smith ✓   1780 2 mos. ✓ Major Col M c Dowell   1780 or 1781 1 mo. in the militia camp at Carl to Gen. Genl. Morgan.   Shortly after 8 mos. M c Farland M c Dowell  
Battles engaged in, None stated.
Residence of soldier at enlistment, Burke Co. N.C.
Date of application for pension, July 8, 1833. His claim was allowed.
Residence at date of application, Washington Co. Mo.
Age at date of application, born in N.C. Nov. 22, 1762.
Remarks: No family data.
Respectfully,
Commissioner.

W. C. ALEXANDER
P. O. BOX 31 SALIDA, COLORADO
December 29, 1937.
The Pension Department, Washington, D. C.
Dear Sirs:
Will you please give me such information as your Records disclose relative to the Revolutionary War Service of John Hawkins, known later in Washington County, Missouri as Major John Hawkins.
Said Hawkins was probably a native of Buncombe County, N. C., and it is related that "when about sixteen years of age (he) entered the Army as a substitute under General Washington in which capacity he served two years, and then re-enlisted as his own representative".
In addition to information relative to his war service, will appreciate any other information relative to date and place of birth, names of parents, wife, descendants, date and place of death, etc.
Thanking you in advance for a reply, I am
Yours truly
Wm C. Alexander Wm. C. Alexander

One 2c. stamp recd.
Stamp recd
Rev. 1 v. B. B. Bliss. Ist.
Aug. 4, 1916
Commissioner of Pensions, Washington, D. C.
Dear Sir,
The Adjutant Gen. of Washington, D. C. refered us to you. He thought perhaps you could tell us something of a John Hawkins a soldier in the revolutionary war. Did he was from Buncombe Co., N. C. Did he draw a pension? What date did he enter the war? What capacity did he serve in? When did he leave the war?

Would be very glad for any information you can give me am thinking of joining the D. A. R. This John Hawkins was my grandfather.
Very truly Mrs. Ella Gracely

Red.
7
Duke &
Burcombe
As adjoining
Cowles Ditch
This is the
only one.
Inverness of Burcombe
Washington
A.C.