Revolutionary War Pension and Bounty Land Warrant Application File S. 5,561, Charles Howel, Va.

SERVICE
NUMBER
Va.
Howel, Charles
S. 5,561
CONTENTS
carded

To, Virginia, 5569- Jonesborough Agency-
Charles Howell
of Wash. Co. in the State of Tennessee who was a pr. Sergt in the Doniphan commanded by Captain Doniphan of the Regt commanded by Col. Nichols in the Va. line for 13 mo: from 1775.
Inscribed on the Roll of Jonesborough Agency at the rate of 60- Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 12 th day of Feby. 1833- and said Hon. John Blair, St. of Rep.
Arrears to 4th of Sept 1832 90- Semi-ann. allowance ending 4 th March 30-
$120-
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by Nathan Rice Clerk,
Book (D) Vol. 9 Page 206

To Virginia from 4 th Septem r . 1839. 3 d June 1840. - Notification delivered to Peruvian. Present.

Charles Howell
from 1775 private to Sept th 13 months.
Pr. 13 mo. $10. Sept 10. do. 50 $60.
Non I. Blair.

BRIEF in the case of  Charles Howell  of Washington Co in the State of Tennessee  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? a Court.  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 72  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. As a Gen.     In 1775 June 1780 to Feb. 1781. 3 Pt. Cap. Louch   two terms { precise time not stated. Sergt. Cap. Clemens Col. Nicholas   not quite 3 months. Sergt. Cap. Miller  
States that in the four engagements he served was in actual service 14 months, 3 of which was as a Minute & 11 as Dept.
 5. In what battles was he engaged? Camden, Yorktown.  6. Where did he reside when he entered the service? Buckingham Co Va.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional.  8. Are the papers defective as to form or authentication? and if so, in what respect? papers not properly attached. 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Wm Ellison Examining Clerk.

APPLICATION FOR A TRANSFER.
District of Columbia County of Washington ss.
On this 3 rd day of June 1840 before me, the subscriber, a Justice of the Peace for the said County of Washington personally appeared Charles Howel who, on his oath, declares that he is the same person who formerly belonged to the Company commanded by Captain Couch in the Regiment commanded by Colonel Nichols in the service of the United States; that his name was placed on the pension roll of the State of Tennessee from whence he has lately removed; that he now resides in the State ( District, or Territory, ) of Virginia where he intends to remain, and wishes his pension to be there payable, in future. The follow- ing are his reasons for removing from Tennessee to Virginia. I wished to reside with my daughter who is married & lives in Buckingham County Va. Chas Howel
Sworn and subscribed to before me, } the day and year aforesaid. }
Robert [Signature]
□ The oath to be taken before a duly qualified Magistrate, whose official character and signature must be certified by the proper officer, under his seal of office. The County Clerk, Secretary of State, or some other officer, must certify, under his seal of office, that the officer who administered the oath is a Justice of the Peace, Judge, Mayor, Alderman, or Notary Public, as the case may be, and that the signature purporting to be his is genuine.
□ The oath must be supported by the testimony of some respectable person, as to the pensioner's identity. He must swear that the person who has taken the above oath, is the person described in the affidavit. The Magistrate must certify that the witness is a person of veracity; and the affidavit must also be authenticated in the manner above directed.
□ 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 be sent with the papers.
□ Mode of authenticating papers. —In every instance where the certificate of the certifying officers who authenticates the papers is not written on the same sheet which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or small 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.

I certify that I was last paid to the Lt. of September 1839. Washington 3 June 1840 G. H. [unclear]

Charles Howell " " 9824
By John Blair.

State of Tennessee } Washington County } September Term 1832
On this day of September, 1832 personally appeared in open court before the Honorable Samuel Powell now sitting as a court of Law & Equity in & for the County of Washington for the District Court within the State of Tennessee. Charles Powell aged seventy two years, a resident citizen of said County & State who first being duly sworn according to Law doth in his oath make the following declaration in order to obtain the benefit of the act of Congress passed the 7th June 1832. That he entered the service of the United States under the following named officers, & served as herein stated.
That being being a resident citizen of Buckingham County State of Virginia & raised here in the summer of the year 1775 (as well as now recollects) he was drafted as one of the militia of Buckingham County to go on an expedition to suppress Lord Dunmore the Royal Governor of Virginia that he was enrolled at Buckingham Court House, under Capt John Couch, for a three months term of duty (there being three companies raised in said County) (Capt. Peter Johnson & Couch, declarant being in the latter company) that they marched from Buckingham Ct. to Richmond & drew arms at the magazine, & from thence to Williamsburg where were assembled the Virginia militia from various quarters, and were stationed at said place awaiting the orders which might be given for further operations, but Dunmore finally took his departure, & the troops were disbanded, & returned home after being in service for three months, and was despatched

arged by his said Captain (verbally) at the expiration of his term of time
Second tour.
In the month of June 1780. he was again drafted in the militia of his native county (Buckingham) to go on a tour of duty to the South, in consequence of the inroads of the British in that quarter, and was placed under the command of Capt n Peter Gurrant, at the county seat of Buckingham, and was marched under Capt n to Hillsborough North Carolina, where he was appointed an orderly sergeant in Capt n Clemens Company of the Fittsylvania Militia at which place the Virg- inia & North Carolina militia was assembled, and was placed under the command of General Gates, and marched to Camden (South Carolina) where the American Army consisting of regulars and the Virginia & North Carolina militia, met the British Army under Cornwallis, and upon an engagement of a violent character having ensued, the declarant (whose duty it was as orderly sergeant to keep up the men) was engaged in his duties, the men broke ranks & in despite of every effort which could be made retu- ated in confusion, which left declarant no other resort than to retreat with them which he did, but on their retreat near Rousely's mill, they were met by the British light horse, & dispersed each on consulting the best mode of escape for himself. & after being removed from the theatre of the enemy and knowing not where the American troops would again concentrate the militia from Buckingham returned home, the declarant hav- ing lost all his cloaths & equipage except what was on him, and arrived at home, and remained at home but a short time until troops were again required to rejoin Gates, & the declarant

again enrolled himself under Capt May, and was appointed orderly sergeant of 3 d Mays Company & mar- ched on to Hillsborough again & rejoined the main army under Gates, being both times as well as in 2 d reg t in the 3 d Regiment of the Virginia militia. after but is very confident Col Nicholas was the Col of the Regiment, & Parkers & Conway Majors. at the Battle & defeat of Camden, after declarant had again joined Gates army at Hillsborough, we were marched to a place near Charlottesville North Carolina, where General Green came & took charge of Gates Army & Gates was sent home, from which place the army under Green was marched to Cheraw Hills, South Carolina (where the said army arrived on Christ- mas eve) and there continued until after the battle of the Cowpens, after which, one hundred men from the ranks were selected & put under Capt Isaac Webb, (as declarant orderly sergeant) to remain at Cheraw to guard the knives at that place, & when the drove of hogs & a quantity of flour should arrive at Cheraw said Company under Webb were ordered to go on to Virginia as a guard therefor. Under which circumstances, the declarant was left at Cheraw when Green's army marched therefrom Shortly after the battle of the Cowpens in Jan- uary 1781. and did continue there until the arrival of a quantity of flour and a drove of 300 hogs reached that place. & 3 d Company under Capt Webb. (the declarant as sergeant) guarded the same through North Carolina cross- ing the Roan Oak at Taylors Ferry, and delivered up the said property to the commissary of the United States at the old Barracks near Taylors Ferry. and from thence returned home to Boyd's Ferry on Dan River, in order to join Genl Green, and there obtain their discharges, and did on the last of February, (being barefoot & naked) Green

ordered them to repair to Terrys old store and deposit their arms, & for Capt Webb to discharge his men, where they declarant, as orderly sergeant for Capt Webb (whose hand had been injured by the bursting of his pistol) wrote the whole of the discharge, & obtained his own from S r Capt Webb, & returned him , having been in service under the two engagements lastly specified from June 1780. until the last of February 1781. with a short interval after his retreat there from the defeat at Camden, and for the first term he obtained no discharge in consequence of the whole Metetee officers & men being dispersed, & each making good his retreat for safety, & under the second after obtaining it as before stated he has in the lapse of time casually lost the same.
That some short time after his discharge & return home, he substituted himself for one John Glover, who had been drafted for a tour of duty in the Virginia Metetee, in the oper- as County of Buckingham under Capt Thomas Miller (also at Saw), and marched from the Court House of the County to the Siege of York Town in Pennsylvania, & there joined Lt. Washington before the surrender of Cornwallis, & was present at the conclusion & preparations & continued until after the 19 th of October 1781. when the said surrender was made, & there being no further call for his service the company under Capt Miller was discharged (verbally) & returned home not having actually served quite the three months, tho' the call was a three months call, but was within a short time of being three months, including the time going & returning. That in the four several engage- ments, before specified he continued in close and active service for fourteen months & more

with the exception of a few days between the times of his second & third terms which probably may be amount to as much as the portion of the month over the fourteen months stated. That he was the whole of his service a sergeant in the respective campaigns (except the first against Dunmore), & is thereby entitled to the compensation of twelve instead of eight dollars per month, except the said three months against Dunmore.
That he has no docu- mentary evidence, nor does he know of any person by whom he can prove his said service, nor is there a resident minister of the Gospel by whom he can establish the facts required in the instructions of the Secretary of War. 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 of any state, Sworn to & subscribed before the court in open court the day & year aforesaid. Sworn to and subscribed in open court at September Term 1832
Chas. Howell
Test Jas W Anderson Clerk
We John G. Carson & Samuel Barkman residing in the County of Washington within the state of Tennessee do hereby certify that we are well acquainted with Charles Howell, who has subscribed and sworn to the above declaration that we believe him to be seventy two years of age, that he is es- teemed & believed in the neighborhood where he resides to have been a revolutionary soldier, & that we concur in that opinion.
Sworn to & subscribed in open court this 10th September 1832
Test Jas W Anderson Clerk
John G. Carson Samuel Barkman

And the said Court do hereby declare their opinion after the investigation of the matter, and after holding the interrogatories prescribed by the War Dept., that the above named applicant was a revolutionary soldier and served as stated by him, & the Court further certifies that it appears to him that John G. Eason & Samuel Packer in who have signed the preceding certificate are resident citizens of said county, and are credible persons, and that their statement is entitled to credit.
J. Morris Judge of the Court of the District of Columbia
I James T. Anderson clerk of the Circuit Court of Law and Equity in and for the County of Washington do certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Charles Howell for a pension In testimony whereof I have hereunto set my hand & affixed my seal of Office this 10th September 1832
James T. Anderson Clerk
It is agreed that the claim be allowed 10 months as private & 10 as sergeant 13 in all
W. Blair Secy.

Rehran
5561.
INVALID.
File No. 5561
Charles Howel
Sergt. Recv. War
Act: June 7 th / 82
Index:—Vol. M , Page 177.
[Arrangement of 1870.]

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Charles Rowell 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? two citizens
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? No
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
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? No
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
1, 2, 7
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 thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal or 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.