Revolutionary War Pension and Bounty Land Warrant Application File W. 249, John Harvey, N.C.

SERVICE
NUMBER _____
N 6.
Harvey, John Comfort
W. 249
CONTENTS

Inscribed on the Roll at the rate of 100 Dollars 00
Cents per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued the 15 th day of Sept. 1849. and sent to
J. D. Bright Madison Indiana.
Recorded on Roll of Pensioners under act February 2, 1848, Page 328 Vol. 3

Declaration of Comfort Harvey
(Under the Act of July 7, 1838, granting half pay and pensions to certain widows.)
No 13749 Comfort Harvey widow of John Ira
act 7 July 1838 Married before 1794 husband died 1806
Adm? 12 mo left for 12 " per 400 100
for 4 March 1836 to 4 March 1841
Adm act 3 March 1843 $17 per 44 12 " $100 a per
for 4 March 1843 to 4 March 1848
Adm act 2 Feb 48 $100 per
for 4 March 1848 Rev S. D. Knight Madison Ind

Declaration.
In order to obtain the benefit of the Act of Congress of the 7th July 1838 entitled "An act granting half pay and pensions to certain Widows."
State of Indiana f: On this Eighteenth day of October in the year one Thousand eight hundred and forty eight personally appeared before the Circuit Court of the County of Montgomery in said State Comfort Harvey a resident of Crawfordsville in the said County of Montgomery, aged eighty years, who, being first duly sworn according to law, doth, on her oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed July 7th 1838, entitled "An act granting half pay and pensions to certain Widows". That she is the Widow of John Harvey who was a Soldier in the War of the Revolution in the North Carolina line of the Continental or regular army. That all the knowledge she has of his services or the particulars thereof is information derived from him after she was married to him, and that he (said John Harvey) has now been dead forty two years and upwards, and that her recollection is not now very distinct, owing to her advanced age and loss of memory, as to the particulars of the relation which said John Harvey gave of his services - but from her best recollection she states, that, as she has understood from the said John Harvey in his life time, at the time the Revolutionary War broke out said John Harvey was an apprentice to the tailoring business at Boydton, Mecklenburgh County, in the State of Virginia, and in the fall of Seventeen hundred and seventy six he ran away from his master at Boydton aforesaid, and enlisted as a private Soldier into the Continental Army for the term of three years, but the month or day of the month when he enlisted, or the place where he enlisted, she cannot state. She is enabled to state the year and season of the year, from having heard said John Harvey in his life time often state, that he ran away from his master, and enlisted as before stated into the Continental Army, in the fall of the same year that the declaration of Independence was made, and that he was then in the eighteenth year of his age. And she further states that she has heard the said John Harvey say that he served out his full term of three years for which he had enlisted, and could not then - for some reason which she cannot now state - get his discharge, but was compelled to, and did remain for a considerable time beyond his term of enlistment - but how long she cannot now state - and that he left the service on the New Years day next after his term of service had expired, that he had been drinking and had a high on that day, and took it into his head to leave. After so leaving the service as aforesaid he again enlisted and continued in the service until the close of the war, or until the active operations of the war had ceased. The last year of his service he was a Sergeant and served in that grade. Said John Harvey in his life time always claimed and stated that he served five years in the Continental Army of the Revolution - that he served the last year as a Sergeant, and the remainder of the time as a private - but she cannot from any recollection she now has state when nor where he enlisted into the army after his said first term of three years had expired, nor whether that portion of his service was performed under one, or more than one engagement, nor the precise length of time he served after his said first term of three years had expired - but supposes it must have been at least two years. She cannot state certainly the names of any of the officers under whom he served, but she has heard him speak of General Wayne, Major Evans, Colonel Martin, Captain Armstrong, and Captain Williams, and from his manner of speaking of the persons above named she supposes he may have served under them or some of them. Neither can she state from any recollection she now has, the State line into which her said husband John Harvey enlisted and served. She remembers that after her marriage to him he lost his bounty land Certificate, and went to Raleigh and procured another, and from this fact she infers and therefore has stated, and does state that said John Harvey belonged to and served in the North Carolina line. Said John Harvey, during the time she knew him had a lame-ness of the hip, which he always said was occasioned by being wounded at the battle of Stony Point. She has also heard him say that he was in the battle of Brandywine. The bounty land Certificate above spoken her said late husband sold some ten or twelve years after her marriage to him, when intoxicated, to one Samuel Stroop, for some trifling sum and she has often heard him complain that Stroop had cheated him out of his land. She states that she has no documentary evidence in support of her claim and that the above are as full particulars as she is able to give from memory of the services of said John Harvey or the circumstances connected therewith. She further declares that she was married to the said John Harvey on the eighteenth day of March in the year seventeen hundred and eighty four, and that her husband, the aforesaid John Harvey, died in the Month of March in the year eighteen hundred and six, but she cannot state the day of the month on which he died, and she has not, and never had any written record either of said John Harvey's death, or of her marriage to him. She remembers that she was married to said John Harvey on the eighteenth day of March, and that her birth day was on the twenty sixth day of the January preceding when she was sixteen that it was twenty

two years after she was married the same month that her said husband John Harvey died, and she was eighty years of age on the twentieth day of January last and from these facts rather than any particular memory as to dates, she arrives at the date. So far as respects the year when her marriage, and the year when the death of her said husband took place. She also remembers that she was married to him in less than two years after the war closed. She states that she was not married to him previous to his leaving the service, but the marriage took place previous to the first of January Seventeen hundred and ninety four, viz, at the time above stated. She further swears that she is now a widow and that she has never before made any application for a pension.
Sworn to and subscribed on the day and year above written before the said Montgomery Circuit Court in open court
Attest: J. A. W. Lynn Clerk
Her mark Comfort X Harvey
I James W. Lynn clerk of the Circuit Court of the said County of Montgomery do hereby certify that the foregoing contains the original proceedings in the said Circuit Court in the matter of the application of the above named Comfort Harvey for a pension.
In testimony whereof I have hereunto subscribed my name and affixed the seal of said Court this Eighteenth day of October in the year eighteen hundred and forty eight.
J. A. W. Lynn Clerk

State of Tennessee White County ss:
Ebenezer Jones, residing in the County and State aforesaid, now aged Seventy six years & upwards, being duly sworn upon his oath saith, that he is a younger brother of Comfort Harvey, widow of John Harvey, who resides at Crawfordville in the County of Montgomery and State of Indiana, - that the maiden name of said Comfort Harvey was Comfort Jones, and that she was married to John Harvey in the County of Augusta and State of Virginia in the month of March (but deponent does not remember and therefore cannot state the day of the month) in the year Seventeen hundred and eighty four. The wedding took place at the house of deponent's father, - Ebenezer Jones - and deponent was there present, and well recollects it. The marriage ceremony was performed by a German Clergyman by the name of Hoover. There was a company of the young people from the neighbourhood present besides his parents, and brothers and sisters. Deponent was then in the thirteenth year of his age and his said Sister Comfort was in the seventeenth year of her age, at the time of her said marriage.
And deponent further says that from the time of said marriage, said Comfort and John Harvey continued to live together as husband and wife until said John Harvey died in the Spring of the year eighteen hundred and six - that they had four children, - and that during all that time he was well acquainted with them - that at the time of his death the place of residence of the said John Harvey and his family was in the immediate neighbourhood of the then residence of this deponent, in Blount County in the State of Tennessee - but that he (said John Harvey) was then, at the time of his death, absent to Green County, in the State of Tennessee Kentucky, and died there. The death of the said John Harvey was occasioned

by breaking his leg in wrestling, and occurred at Green County in the State of Trumbull  Kentucky , aforesaid in the Spring of the year eighteen hundred and six - but deponent does not remember and therefore cannot state the month, nor the day of the month when said death occurred. Deponent was not present at the time and place when and where said John Harney died, but was at home at his then residence in said Blount County Tennessee, and learned the fact of his death, and the cause and circumstances thereof as above detailed, by general reports in the neighbour- hoods of said Harneys last residence, and from his widow and family, very soon after it occurred in the Spring of the year eighteen hundred and six. Deponent has no doubt but said John Harney died at the time and place and from the cause above stated. He has never heard of him since as living, and never has heard any one question the fact of his being dead. Deponent further says that said John Harney in his life time was always reputed to have been a Soldier of the Revolution, and to have served during most of the war - the greater part of his time as private - but a portion thereof as a Sergeant in the Continental line of the State of North Carolina, and deponent never doubted, and never heard any one question but that he did so serve. Deponent remembers of hearing said John Harney complain that one Samuel Stroop had taken advantage of him when intoxicated and procured an assignment to him (Stroop) of his (Harneys) bounty land certificate, for some trifling and inadequate consideration - and further saith not.
Ebenezer Jones

State of Tennessee
White County ss. I the undersigned a justice of the peace in and for the County and State aforesaid do hereby certify that on the day of the date hereof the deponent named the foregoing affidavit - Ebenezer Jones - came personally before me, and being duly sworn according to law, subscribed and made oath in due form of law to said affidavit. And I further hereby certify that I am well acquainted with said deponent Ebenezer Jones, - that he is a man of good character for truth - and that his statements are entitled to credit and belief.
Done this Tenth day of October A.D. 1848.
Note. The word Kentucky in the second line from bottom erased and Tennessee interlined. also the word Kentucky in the second line from the top in the second page erased and the word Tennessee interlined. The first erasure and interlineation being on the first page all done before signing the Affidavit
William Lee Moore Esq. I George G. Dibrell Justice of the Peace Clerk of the County Court of Said County of White and State of Tennessee certify that William M. Moore is a justice of the peace of said County and State and that the foregoing signature pur- porting to be his is genuine.
Given under my hand and Seal of office This Tenth day of October in the year of our Lord One Thousand eight hundred and forty eight.
Dist. G. G. Dibrell Clerk of White County Court

Lafayette Indiana August 24 th 1849.
Sir,
I beg leave, through you, to request of the Commissioner of Pensions, that the application of Comfort Harvey, widow of John Harvey, for a Pension under the Act of July 7 th 1838. may be taken up and finally acted upon.
The husband of the applicant served through nearly the whole of the war of the Revolution, and until the end thereof, and the only point upon which the Commissioner of Pensions required any further proof, was, as to the time of her marriage; and this proof has now been furnished and for several months on file.
My several letters to the Commissioner of Pensions (three of them enclosing evidence in relation to the claim) of March 19 th March 23 rd April 18 th May 28 th June 18 th and July 16 th remain unanswered.
Will you do me the favour to forward this to the Commissioner of Pensions, and request of him an examination without further delay of this one remaining point (the marriage), and that her certificate of Pension may be forwarded to me should she be found entitled.
I am very respectfully Your Obt. Servt. A. M. Crane
The earliest attention Mr Edwards can conveniently give this case will much oblige his friend J. D. Wright
Hon Jesse H. Bright      Hon J. L. Edwards U.S. Senate.              Comm. of Pensions

State of Tennessee Elizabeth Jones, wife of Ebenezer White County Jones residing in said County of White and State of Tennessee and now aged near sixty seven years being duly sworn upon her oath saith. That when she was a girl of about nine years old (her maiden name then being Elizabeth Cast) she was a res- -ident of Iredell County in the state of North Carolina; and about that time became acquainted first with her present hus- -band Ebenezer Jones; as also with his father Ebenezer Jones and his family. About the same time she became acquainted with one John Harvey who was then living with the sister of deponent's husband, Comfort Harvey; as his wife. and de- -ponent learned from the reputation of the country that the said John Harvey was the husband of the said Comfort, having married her in Augusta County Virginia, from which place the said John & his wife Comfort together with her father Ebenezer Jones & his family had removed. Deponent states that her acquaintance continued without interruption with the said John Harvey & his wife for some six years, and that during that time they lived together as man and wife. She states that at the end of that period, when she was about fifteen years of age. The said Comfort Harvey with her husband John Harvey and her father Ebenezer Jones and his family removed as she believes to the County of Blount in the state of Tennessee Her present husband Ebenezer Jones, then a young man also removed with them. Deponent states that in about three years after the said removal of her husband, he returned to Iredell County North Carolina; and married deponent, as she believes in the fall of Seventeen hundred and ninety nine. When deponent immediately removed with her husband to Blount County Tennessee where she found the said John Harvey still living with the said Comfort as his wife. And deponent states that they so continued to live together up to the time of the death of said John Harvey which occurred about seven years after the removal of deponent to Tennessee. Deponent further states that she believes the said Comfort had four children by her said husband. And further this deponent saith not
here Elizabeth Jones mark

State of Tennessee White County
I, the undersigned a justice of the peace in and for the County aforesaid certify that on the day of the date hereof, the deponent named in the foregoing affidavit. Elizabeth Jones - came personally before me and being duly sworn according to law subscribed and made oath in due form of law, to said affidavit. And I further certify that I am well acquainted with said deponent Elizabeth Jones that she is a person of good character for truth and that her statements are entitled to credit and belief. — Done this 9 th day of May A. D. 1829.
William S. Russell Justice of the Peace
State of Tennessee White County
I, George G. Dibrell Clerk of the County Court of said County of White and State of Tennessee, certify that William S. Russell is a justice of the Peace of said County and State, and that the foregoing signature purporting to be his is genuine
Given under my hand and seal of Office this tenth day of May in the year of Our Lord One Thousand eight hundred and forty nine.
Geo. G. Dibrell Clerk of White County Court

State of Indiana
Tippecanoe County ss. Henry S. Lane, a resident of Crawfordsville in the County of Montgomery and State aforesaid being duly sworn upon his oath, saith, that for more than ten years past he had been well acquainted with the widow Comfort Harvey, who resides at Crawfordsville aforesaid, and that she is a woman of excellent character, and her statements in every way entitled to credit - and that as early as 1840, said Comfort applied to him in his professional capacity of Attorney at law, to aid her in obtaining a Pension, and has since often conversed with deponent on the same subject, and from her statements made to him deponent never doubted but that she was justly entitled to a pension, as the widow, and on account of the services of, her late husband, John Harvey deceased, in the Revolutionary War, and would have undertaken it in her behalf but for the very great difficulty which he apprehended in collecting the proofs, and the attendant expense. Deponent never took any steps in her case, and cannot remember all the details of her statement, - but he does remember that in her statement first made to him, she claimed that she was married to said Harvey soon, and within a year or two, after the close of the war - that her husband, John Harvey, had served through most of the war, and until the end thereof, - mostly as a private but a part of the time as a sergeant - that after she was married to him, said John Harvey obtained a sum of money (deponent does not now recollect how much) for soldiers pay due him - and that some years after they were married some person (name not remembered by deponent) procured from said Harvey an assignment of his bounty land certificate when Harvey was intoxicated. Deponent says, that, from her appearance he should judge Mrs Harvey to be now about eighty years of age, and that she is in needy circumstances; And deponent further says that he has no pecuniary interest whatever, in the pension or the moneys arising therefrom which Mrs Harvey may obtain should her application be successful, and that he makes this statement at the request of Mr Frane, her agent, hoping hereby to contribute something to the success of what he deems a very meritorious claim. Deponent says that he is the same person formerly a Representative in the 27th Congress from the State of Indiana
H S Lane
State of Indiana
County of Tippecanoe ss. I. Hiram W. Chase a Notary Public of the County and State aforesaid, duly authorized and empowered by law to administer oaths and take affidavits and depositions, hereby certify that on this 23 d day of February A.D. 1849. Henry S. Lane the above named deponent came personally before me, and having in my presence subscribed his name to the foregoing affidavit, made oath that the several matters therein stated were true, which oath was administered in due form of law. And I further certify that I am well acquainted with said deponent, and that he is a person of good credit and character for truth, and otherwise, and his statements entitled to credit and belief. In testimony whereof I have hereto subscribed my name and affixed my official seal the day and year last above written,
Hiram W. Chase Notary Public

State of North Carolina
County of Forsyth (formerly Stokes County)
Be it known that on this 28 th day of August A.D. 1849. personally appeared before me Charles Banner a Justice of the peace in and for the County aforesaid Jennima Harrison whose maiden name was Stewart aged Eighty five years. who being duly sworn according to law to declare what she knew of a certain John Harvey a Taylor by trade & his wife named Comfort who resided neighbors to her this deponent many years ago she says previous to the division of Surry County which was in the year 1790. and some years after the said Harvey & family with three or four children removed westwardly from their place of residence in then Stokes Co. N.C. at the forks of the road leading from the Shallowford on the Yadkin River to the Town of Salem at which place this deponent says she was at a show of Wax figures at said Harvey's who kept a Tavern & entertainment for travelers on the road. and they were respected as honorable Citizens & kept a house of entertainment Comfort his Wife was the mistress of the house & lived with her husband John Harvey peaceably together as man & wife this deponent further states that said John Harvey was a lame man disabled in one of his legs or hip sworn to and subscribed the day and year first above written.
Before me
Jennima her Harrison Mark
Charles Banner J.P. Witness: P. S. Conrad

Next on the same day the 28 th of August 1849, Leonard Conrad Esquin (Son of Jacob Conrad Esq ? ) aged sixty five years, a citizen of the County of Forsyth N. Carolina, being duly sworn according to Law, declares on his oath, that he was well acquainted with a certain John Harvey & his wife Comfort Harvey who lived in the neighborhood of his Father Jacob Conrad Esq ? in the then County of Stokes N. Carolina in the years 1792 & 93. When he this Deponent when a boy, went to school at the above named John Harvey's. Sometimes said Harvey followed the Tayloring business, and kept a house of entertainment for Travellers on the publick road leading from Salem to the Shallow ford on the Yadkin River. they the said John Harvey and Comfort his wife lived peaceably together as man & wife & had Children but he does not recollect how many they had. Some time afterwards said Harvey & family removed to the West, and he does not recollect of hearing any thing from them since they left Stokes County. This Deponent further states that he often heard the said Harvey talk of being in Battles as a soldier in the War of the Revolution and was wounded in the thigh or hip that caused him to have a lameness. Sworn and subscribed the day first above mentioned Le d Conrad before me
J. Banner J.P.
On the same day, say August the 28 th 1849 Charles Vest aged sixty six years of the County of Forsyth, being duly sworn, declares on oath that he knew a certain John Harvey & his wife Comfort mentioned in the above deposition of Leonard Conrad Esq ? & went to school with him at the said Harvey's schoolhouse 1792 & 93 in the winter, and to the best of his recollection as his father Samuel Vest lived neighbors to Conrad & said Harvey Sworn & subscribed before Ch s Vest
me J. Banner J.P.

State of North Carolina County of Forsyth } ss
I Charles Banner a Justice of the peace in and for the county aforesaid. do hereby certify that the foregoing named Jennima Harrison Leonard Conrad Esq. & Charles Vest who subscribed their names to their depositions aforesaid are persons of probity & truth & what they have asserted may be depended upon as the truth. Given under my hand this 28 th day of August A.D. 1849.
C. Banner J.P.
State of North Carolina County of Forsyth }
I Andrew L. Stafford Clerk of the Court of pleas and quarter sessions for Forsyth county aforesaid certify that Charles - Banner is a Magistrate of said county as above and that the foregoing signature purporting to be his is genuine - In Testimony whereof
I have hereunto affixed the seal of my office and subscribed my name this 29 th day of August A.D. 1849 -
A. L. Stafford Clerk
C. L. Hightss A.C.

N 13749 Comfort Dairy Inc
Vs. & Hon. John P. Bell Jan'y 24th '49 to ditto Apr 10 '49
Letter to Mr. Carey June May 25, 1849
ad 7 July 1848

State of Indiana
Montgomery County ss On this 11 th day of October 1849 before me the Subscriber a Justice of the peace in and for said County of Montgomery personally appeared Comfort Harvey, who on her oath declares that she is the same person now on the Pension list of Revolutionary Pensioners as the widow of John Harvey who was a private and Sergeant in the Revolution, and as such widow she now holds a pension certificate given at the department of the Interior under the seal of said Department and signature of T. Ewing Secretary bearing date the 15 th day of Sept r A.D. 1849, issued under the act of February 2 d 1848 which said pension is payable at the agency at Madison Indiana. And she further states that she is now about to remove (being just ready to start) from the State of Indiana to Jackson County Tennessee where she intends to remain and hereafter reside. The following are her reasons for removing from said County of Montgomery State of Indiana to said Jackson County Tennessee: viz: the daughter of this deponent Mrs Anna Anderson, with whom she has resided for more than twenty years past is about to remove to said Jackson County Tennessee, and deponent wishes to remove with her, and reside with her as long as she lives as she is confident her daughter daughter can take better care of her in her old age than any other person. She wishes her pension hereafter payable at Washville, or some other agency near to said Jackson County Tennessee.
Sworn and subscribed before me the day and year aforesaid
George W. Snyder, J. P. (Seal)
Comfort X Harvey mark
Note word Tennessee in 16 th line interlined and an erasure between words "her" and "daughter" line 24: all before executing the above
George W. Snyder, J. P. (Seal)

I James W. Lynn Clerk of the Circuit Court of the County of Montgomery in the State of Indiana do hereby certify that George W. Snyder before whom the foregoing affidavit was taken is a justice of the peace of said County, and that the foregoing sign- ature purporting to be his is genuine.
Witness my hand & Seal of office hereto annexed this 17 th day of October A.D. 1849.
J. A. W. Lynn Clerk

Fayette, Tippecanoe County, Indiana. June 18 th 1849.
Sir,
In the case of Comfort Harvey, widow of John Harvey, who is an applicant for a Pension under the Act of July 7. th 1838. I have obtained and now enclose you a further statement from Ebenezer Jones, whose affidavit is already on file in the case. This I do out of abundant caution, and not because I could for a moment suppose that the proof already adduced in the case would not be deemed sufficient to establish the fact of her marriage to Harvey prior to 1794.
The enclosed affidavit refers to several collateral circumstances which show that the relation of husband and wife existed between the parties very soon after the war closed, and certainly long before the date above stated.
1. From her present age and her age then. 2. From the fact that deponent was a lad of some 13 when the marriage did take place whereas in 1794, he was a man grown. 3. From the fact that the money paid Harvey in 1792. as shown by the documentary evidence from North Carolina, was paid several years after the parties had been married. 4. From the fact that when Harvey and his family removed to Tennessee his oldest child was then 8 or 10 years of age - and this was the same year that Tennessee was admitted as a State (1795.).
Hoping to hear from your department soon
I remain Very Respectfully
Your Obedt. Servt.
AM. Crane
Hon J. L. Edwards. Commissioner of Pensions -

Washington city March 3. 1849
Sir, I enclose you a letter from A. M. Crane Esq. containing an affidavit of Mr. Linn (late M.C.) and a certificate of Hon. Isaac Taylor, as further evidence of Comfort Havig's marriage to her late husband, in whose right she claims a pension; and whose papers are on file by virtue of office, and about which I have written you once & received an answer from you during the present session of Congress.
Please inform me as to the result. Very ob't. serv't. John Pettit
Hon. J. L. Edwards Comm. of Pensions }

Staunton Va May 4 th 1828
Dear Sir
Your letter was received some time since and would have been attended to sooner, had it not been mislaid on . I have made a careful examination of all records of Marriages in my Office, but can find no such Marriage as that of John Harvey to Comfort Jones, there was no record of any Marriages kept in this Office prior to the year 1785 - the other records date back to 1725. I suppose there was no record kept any where & there is no other Office or Court in this county where such records are kept except the Corporation Court Office of Staunton the records of which do date back to the year 1802 & of course could not be there.
Yours &c.
Jefferson Kinney Clerk of the City Ct of Staunton

Pension Agency
Madin 2 November 3 1849.
J. J. Edwards Esq Commissioner of Pensions Sir
Comfort Harvey widow of John Harvey, has been paid at this agency to 4 Sept 1849. under Act of 2 nd February 1848.
Very Respectfully
Your Obedient Servant
J. F. D. Lanieir Pm agt. Mr Isaac C. Lea

Washington, 23 May, 1849.
To the Commissioner of Pensions,
Sir,
In the case of the widow of John Harvey, concerning whose application for a Pension I inquired a few days ago, the service was rendered in the Revolutionary War, and the papers were presented, I believe, by the Hon. W. Pitts of Indiana. Very respectfully
Wm. Carey Jones.

Lafayette, Indiana, April 15 th 1849.
Sir, Having received no reply to my communication of the 23 d ultimo, in relation to the application of Comfort Harvey, widow of John Harvey, for a Pension under the Act of July 7. 1838, at his request, I again beg leave to call your attention to the subject.
I am aware of the mass of business now pressing upon your department, and would beg as a favour what I cannot claim as a right. That, in consideration of the needy circumstances of the applicant, you will be pleased so far to deem this a case of emergency as to take it up and pass upon it.
I am, with great respect
Your Ob t Serv t . Am. Crane
Hon. James L. Edwards Comm. Pensions.

Lafayette Indiana March 23 d 1849
Sir, The enclosed papers belong to the case of Comfort Harvey who is an applicant for a pension under the Act of July 7. 1838, as widow of John Harvey - and as I suppose prove two things - 1 st that the evidence of all marriages in Augusta Co. Va. prior to 1785 are lost or destroyed - and 2 nd That since 1784 the records are there and do not show Mrs. Harveys marriage - and hence the time of her marriage must have been prior to 1785.
Now, allowing her brother Ebenezer Jones shall be taken as a good witness as to the fact of the marriage, it seems that the enclosed papers prove beyond controversy that the time must have been prior to '85
These papers are the result of a special and thorough examination done at my request and are respectfully submitted
Very Respectfully
Your Ob t Serv t Am. Brane
Hon. J. L. Edwards

Washington City Aug. 19. 1849
Sir I enclose the letter of A. M. Crane Esq. to me on the subject of a habeas  pension  warrant to Comfort Harvey. I have respectfully to ask that the matter may be attended to at as early a day as circumstances will allow. Yours afft. servt. John Pettit
Hon J. L. Edwards Comm. of Pensions
!

(Copy of Letter to Hon John Petit, mailed Feb. 3 rd 1849, and lost in the mail)
Lafayette Indiana February 3 rd 1849
Sir, The letter of the Com r of Pensions under date of the 24 th ult. respecting the claim of Mrs Harvey for a Pension is duly received by the mail of this day. The only difficulty in the way of placing her name upon the Pension Roll appears to be satisfactory proof of the time of her marriage to John Harvey, it being necessary to prove that that event took place prior to 1794, and Col. Edwards in his letter suggests that that point may be established by reference to collateral circumstances.
I would beg leave through you respectfully to call the attention of the Com r of Pensions to evidence contained in the papers already submitted, showing that the parties were actually living together as husband and wife prior to 1794.
In my letter to him of Oct r 20 th 1848. enclosing the Declaration of Comfort Harvey, I say "Mrs Harvey stated to me after her declaration had been made, that her husband, after she was married to him, went to Raleigh and received $80 or $84. (She thinks $84.) for pay due him, and brought it home in gold." - Now it is not at all surprising that in stating an event so long passed, she should have mistaken £ for $, nor that she should not remember the name of the place. She undoubtedly refers to the £80. 11 s . 5 d allowed and paid to Harvey at Hillsboro (that then being the Capital, Raleigh not having been established as such until '94) in 1792. Here then is a fact to which she refers, proved by record testimony to have taken place in 1792. and which she could not, in any human probability have known, unless she had then been living with him. This reference it is true is not in her declaration, but is in my letter of Oct r . 20 th enclosing the declaration, and which she told me soon after, and on the same day, that her declaration was made. To that fact, that she did tell me so, I enclose herewith my own affidavit, not only to that point, but as to the result of my inquiries after evidence.
Again, Mrs Harvey in her Declaration states that "John Harvey, some 10 or 12 years after her marriage to him sold his bounty land certificate to Samuel Stroop" - in confirmation of which the certified records from North Carolina show that the assignment was made in 95 or 96. Here again is confirmatory proof of intimate familiarity with his transactions long before 1794 - for, allowing that she might have been mistaken as to its being "10 or 12 years"

- Yet she could not have been , so far mistaken , as to have placed the time of her marriage subsequent to 1794, - reducing the "10 or 12" to 1 or 2 years.
Again ; In her Declaration she states particularly how she arrives at the year when her marriage took place, e.g. by comparing her present age with her age then. A woman is not apt to forget the age at which she was married. It is the great event of her life , and, on that subject her memory may be trusted so long as memory remains. "But", it may be said - "What evidence have we that she has correctly stated her present age? for on that depends the whole question, of the time of her marriage, allowing that she has correctly stated her age when that event took place?" To this it is answered that there is hardly a possible chance that she should mistake her age so much as 10 years, which she would have to do to place the time of her marriage subsequent to '94, and besides, Ebenezer Jones, who proves her marriage states that he is 76 years old and upwards, and that he is her younger brother , which, if he were only the next younger could not make her less than in her 78 th year, and this, allowing her age to be 16 when she was married, would require her marriage to have taken place as early as '86. But Ebenezer does state his age four years less than hers. When he was 13 she was 17. Then we cannot place the marriage subsequent to '94, without coming to the conclusion that both her brother and herself have stated their ages 10 years too much.
Again : The deposition of her brother, Ebenezer Jones, shows that he was at the time of making it aged 76 years and upwards - That at the time of the marriage of his sister Comfort he was in his 13 th year, which would fix that event 64 years ago - or in 1787. Now allowing Ebenezer could be mistaken, yet certainly he could not be so far mistaken as that the marriage could have taken place after 1 st Jan'y. 1794, or when he should have been some 23, instead of 13 years of age, & his sister Comfort 26 or 27 instead of 16 or 17. The inference then, is, that either Ebenezer and Comfort are both prejudiced (for so largely mistaken they could not be) or else she was married prior to 1794.
In conclusion I would say that I cannot conceive, and do not know, of any source from which any better proof of the time of her marriage to John Harvey can be had, than that afforded by the papers already on file, in connexion with my own affidavit herewith enclosed. The history of Mrs. Harvey has been so peculiar as to place it out of her power to give any information by which the evidence any person, other than that already adduced, can be obtained to show the ages of her children as suggested by the form of Pensions.
After her marriage in 1784. She and her husband removed to North Carolina, where they resided about 12 years, and here, I think, all her children were born. In about 1796 they removed to Tennessee where, after residing some 10 years, her husband died, and she continued to reside in Tennessee until about 1812 when her daughter Anna was married, and she then went with her daughter and husband to reside at the forks of the Cumberland - After residing there about 6 years they removed to Wayne County Kentucky and resided there about 10 years, about which time, 1828, she came, with her daughter & husband, Anderson, to live in Indiana, and has now resided in this State about 20 years, and upwards of 13 years in Crawfordville.

She is of that class who cannot read or write, and hence, on my making enquiry of her, could not only give me no information of her early associates, but could tell nothing either of her children or brothers and Sisters - further than she supposed one son, and also two of her brothers and a Sister to be still living in Tennessee. By diligent enquiry I succeeded in finding Ebenezer Jones her brother - the other brother having died of Cholera as long ago as 1832, and the Sister having removed years ago to Texas since which she has not been heard of. I was desirous at the beginning to adduce all the evidence that could be had, and the kinds of evidence suggested by Col. Edwards certainly would have been adduced could it have been obtained. But Mrs. Harvey has now for more than half a century lost sight of the associates of her early life, and for nearly or quite, a quarter of a century of even her own children & brothers & Sisters, and under these unfavourable circumstances the proof which she has adduced of her marriage, which took place 64 years ago, may be regarded as quite as good and conclusive, as could, in a case situate as this is, have been obtained, and my only apology for troubling the Com ee of Pensions with so long a letter, arises from my firm conviction that no better evidence can possibly be had, and that the claim of Mrs. Harvey must be allowed upon the evidence already on file, in connexion with my own affidavit, or she must be deprived of that which others in her situation have so long enjoyed, and to which, I entertain no doubt, she has a just claim, and it is respectfully submitted that the evidence already adduced, it being satisfactorily shown that no record evidence exists, and that no persons are known to be living who could give further evidence upon the subject, would be deemed sufficient in a court of law to establish the fact that the marriage did take place prior to 1794,
The rule of the Pension office requires, in a case like this, where no records proof of the fact can be obtained, that "the fact must be established by the testimony of one or more respectable persons, whose credibility must be certified by the officer who may administer the oath"; and this I had supposed had been complied with in this case. Upon that evidence, my own affidavit, and the collateral circumstances before referred to, I now submit that it is proved, that the parties must have been living together as husband & wife prior to 1794,
I would respectfully ask the early attention of the Com ee of Pensions to this letter and the accompanying affidavit, and have the honor to remain
Very Respectfully Your Ob t Servt. A.M. Crane ,,
Hon John Pettit ,,

State of Indiana,
Montgomery County ss. Anna Anderson being duly sworn, says, that she is the widow of Isaac Anderson - is now in the fifty fourth year of her age - is the daughter of John Harvey and Comfort Harvey - and has resided in the County and State aforesaid for fourteen years last past, and that she now resides at Crawfordsville in said County and State. That said John Harvey her father, resided, when she was a child, and from her earliest recollection, with her mother and his family in Blount County in the State of Tennessee, and continued to, and did reside there until said John Harvey died. That at the time when his death occurred the said John Harvey was absent from home, and from his residence in said Blount County to Greene County Tennessee, and that his death was caused by breaking his leg in wrestling. Such was the report which came back to her mother and the family. She remembers that it was in the Spring of the year when her father died, but she cannot remember the month or the day of the month. She remembers that she was then in the twelfth year of her age, from which fact she states that the death of her said father, John Harvey occurred in the year eighteen hundred and six. She has never since heard of her father as living, and never doubted but that he died from the cause, and at the time and place above stated. She further states that since the death of her said father, her mother, the said Comfort Harvey, who is now an applicant for a pension, has never

married but has lived a widow, and is now a widow, and that she now resides with deponent. Deponent remembers her father well, and remembers when a child hearing him talk about being in the war, and has always understood from her mother and family connections that her father was a Soldier and served five years in the Revolutionary Army, and she never has heard any one doubt but he did so serve. She also states that she has often heard her mother state, that one Samuel Stroop had cheated her father out of his bounty lands, by procuring from him an assignment of his bounty land certificate when her said father was intoxicated, and that matter has, for more than thirty years past, been frequently talked of, between deponent and her said mother, as to whether they could not still get the land, as it was understood that said Stroop had placed the certificate in the hands of a Surveyor by the name of Armstrong, for the purpose of locating the land and procuring a conveyance therefor, and that her said father having informed said Armstrong of the circumstances under which said Stroop obtained the assignment thereof, he (Armstrong) refused to deliver the certificate to Stroop, or locate the land or procure a conveyance for him & further saith not.
Anna
Anderson
mark
Subscribed and sworn to before the undersigned a justice of the Peace of said County of Montgomery and State of Indiana on this eighteenth day of October eighteen hundred and forty eight. And I hereby certify that I am well acquainted with the said deponent, Anna Anderson - that she is a person of good character, and her statements are entitled to credit & belief
Dan Mills J. P.

I James W. Lynn clerk of the Circuit Court of the County of Montgomery in the State of Indiana do hereby certify that Dan Mills is a justice of the peace of said County and that the foregoing signature purporting to be his is genuine.
In Testimony whereof I have hereunto subscribed my name, and affixed my Seal of office this nineteenth day of October in the year eighteen hundred and forty Eight.
J. W. Lynn Clerk

State of Tennessee White County
Ebenezer Jones of the County and State aforesaid being duly sworn makes the following statements in addition to those already made in his affidavit of the tenth day of October last now on file in the Pension office - Deponent says that he became acquainted with John Harvey in the winter before his marriage to his said sister Comfort. That said Harvey was a tailor by trade and had a lameness of the hip said to have been from a wound received while serving in the Revolutionary - He was reported to have been a soldier in the revolutionary war then recently closed, and at the time of his marriage was about twenty five or twenty six years of age. Deponent says that he is not mistaken as to the marriage having taken place as he has before stated - He remembers the fact of being present at and witnessing the marriage ceremony as distinctly as he does any other event of his life and much more distinctly than many things which happened after he arrived at manhood. As to the precise year he is not quite so confident but from the fact of his said sister Comfort being then in her seventeenth year and from her present age he thinks he cannot be mistaken as to its being in seventeen hundred and eighty four and unless he is not mistaken in his statements, in regard to her age, which he thinks he is not it must have been in that year. Deponent also remembers that she was married very soon after the war closed but would not positively state that it was the very next year but he can and does most positively and unequivocally state that she was married to him long before the year seventeen hundred and ninety four. And as evidence that he cannot be mistaken in this statement he states the following circumstances. After (but how long after deponent cannot remember) the marriage of said Comfort to said Harvey deponent's father Ebenezer Jones with his family including deponent & also said Harvey and wife removed to Fredell County North Carolina all of whom continued to reside near together in said County for about six years, when deponent's said father and family, with deponent and said Harvey and

his wife and family removed to Blount County Tennessee. The year when they so removed was the year that Tennessee was admitted as a State At this time Harveys family consisted of himself wife and four children the eldest child being then as much as eight or ten years old and perhaps older Besides deponent remembers well that in Sevierville -and all vicinity from he was a young man grown over twenty years of age and he knows that when the marriage took place he was a lad of about the age as before stated. Deponent also remembers that while he and his fathers family were living in North Carolina neighbors to said Harvey and as near as he can now state some six or eight years after Harveys marriage said Harvey left home for the purpose of going to some place in North Car- olina where they were making payments to Rev- olutionary soldiers and getting arrears of pay due him. He remembers this event from the fact that during his absence his family and friends were con- cerned lest he should get intoxicated and spend the money before he got home, which did not prove to be the case as said Harvey did bring the money home, how much deponent cannot state nor the exact time when he received it; but he knows that when that event occurred said Comfort had been mar- ried to him several years. About three years after de- ponent went with his fathers family and Harvey and his family removed to Tennessee, deponent him- self returned to North Carolina and married his present wife - returned to Tennessee. in which state he has resided ever since, and further saith not.
Ebenezer Jones
State of Tennessee White County
This Sixth day of June A. D. 1829 personally ap- -peared before the undersigned acting justice of the peace for said County & State Ebenezer Jones and made oath in due form of law that the matters and things stated in the above affidavit are true and subscribed the same in my presence and I further certify that I am personally acquainted with said Ebenezer Jones and that he is a person

of good Character for truth and veracity and that his statements are entitled to credit and belief.
Abraham Baylors Justice of the peace for said County.
I George G. Dibrell Clerk of the County Court of said County of White and State of Tennessee certify that Abraham Baylors is a justice of the peace of said County and State and that the foregoing signature purporting to be his is genuine Given under my hand and seal of Office this Ninth day of June in the year of our Lord one thousand Eight hundred and forty nine
Test G. G. Dibrell Clerk of White County Court

Lafayette, Tippecanoe County, Indiana, December 8th, 1848.
Sir,
On the 20th of October last I remitted enclosed to you from this place the Declaration of Comfort Harvey, widow of John Harvey, for a pension under the Act of July 7, 1838, and also affidavits proving her marriage and the death of John Harvey, and a letter from the Clerk of Augusta County Virginia (where she was married) showing that no record proof her marriage could be had.
I have since procured, and herewith enclose, proofs of the services of John Harvey, viz, Four certificates from the Secretary of State of North Carolina, and one from the Auditor General of Pennsylvania, and upon these proofs, with the evidence already sent the claim is respectfully submitted.
As the amount of the pension will depend upon the grade in which John Harvey served, it is claimed that the proofs submitted show that he served one year of his time as a Sergeant .
It appears that in 1781. (month and day not given) he enlisted as a Sergeant for one year , and that before that term had expired he was transferred as a Sergeant to the Pennsylvania line. The evidence from Pennsylvania shows that from the time he was attached to the service in that State he served until the end of the War. Now it is submitted that, as a question of evidence, in the absence of any proof to the contrary, our courts of law would hold that the facts above stated prove prima facie , that Harvey served out that year as a Sergeant. In the language of the books, "the law presumes that a fact continuous in its character, continues to exist until a change be shown" (Corpus & Hills Notes to Philips Evidence page 295. and cases there collected.)
The evidence shows that Harvey enlisted as a Sergeant for a year, - that before his term of service had expired he was transferred as a Sergeant and served in the line to which he was transferred nearly two years. Until the contrary be shown, is not the evidence conclusive, that he served in the grade which he held at the time of the transfer, until his term of enlistment in that grade expired?
There is also evidence that he received for services in Penna in 1782 (which could only have been 11 mos. 2 ds.) $80: and in 1783 to Nov. 3d (10 mos. 2 ds.) $40 66 / 100 . Showing that for some reason he received much larger proportional pay in 1782. than in 1783. Neither can it be said that he might not have been in the service all the time in 1783, for, as the evidence shows, he was one of those who continued in the service until the end of the war, and entitled himself to and received the gratuity of Congress under the Resolutions passed by that body May 15. 1778.
The charge of desertion cannot be raised against the services of Harvey, because it clearly appears that he had served out his full term and some 3½ months over before he was discharged - because even if he had deserted he is shown afterwards to have returned to the service; - and because all the evidence plainly proves that this leaving of the Army Jany. 1. 1780, was not regarded either by the Civil or Military authorities of the time as desertion , for he received his bounty land certificate from the State of North Carolina, - his pay, $80. 11s. 5d., from the board of Commissioners in that State, and finally the gratuity given by Congress to those who should serve during the War, and none of this pay, bounty land, or any gratuity could have been received by a deserter . Probably he left the Army in North Carolina on the 15th of January 1780. for the same cause which nearly broke up the Army in Pennsylvania in one year from that time (Jany 1. 1781.) viz: that he claimed that his term had expired and his officers claimed from the ambiguous terms of the enlistment, "three years or during the war" - that they had a right to hold him during the war - but whatever may have been the cause of his leaving it is evident, as has been before observed, that it was not regarded as a desertion .
(over.)

It is submitted that the John Harvey whose services are proved by the papers enclosed, is identical with John Harvey husband of Comfort Harvey the applicant, and this identity is shown by the general tenor of the evidence as compared with her declaration, and more particularly by the state of fact, proved in relation to his bounty land certificate and its assignment to Stroop.
I will again remark that Mrs Harvey is in very needy circumstances, and hence, the speedy action of Your department upon her claim is respectfully requested.
I have the honor to be
Very Respectfully
Your Ob t Serv t A. M. Crane
Hon J. L. Edwards, Commissioner of Pensions

STATE OF NORTH CAROLINA,
OFFICE OF SECRETARY OF STATE.
I, WILLIAM HILL, Secretary of State, in and for the State of North Carolina, do hereby certify, that it appears from the muster-rolls of the Continental line of this State, in the Revolutionary War, that John Harvey a sergeant _____ in Capt. Broward's _____ Company of the 10 th Regiment, entered the service on the _____ day of _____ 1781 — for the term of twelve months and was transferred on the 29 th of January 1782, to the Pin & Line
Given under my hand this 2 nd day of Novem r 1848.
W. Hill Secretary of State

STATE OF NORTH CAROLINA, OFFICE OF SECRETARY OF STATE.
I, WILLIAM HILL, Secretary of State, in and for the State of North Carolina, do hereby certify, that it appears from the muster-rolls of the Continental line of this State, in the Revolutionary War, that John Harvey a private Soldier in Capt. Williams's Company of the Second Regiment, entered the service on the 17 th day of September 1776 for the term of three years , deserted 1 st Jan y 1780 . ( It is evident from the dates, that he was charged with desertion after his term of service had expired )
Given under my hand this 2 nd day of Novem r 1848.
Wm Hill Secretary of State

8647 Indiana Comfort Harvey widow of John Harvey who was a priv. & Sergt in the Revolution
Inscribed on the Roll at the rate of 100 Dollars Cents per annum, to commence on the 4th day of March, 1843
Certificate of Pension issued the 15 th day of Sep '44 and sent to
J. P. Bright Madison Indiana.
[Acts of March 3, 1843, & June 17, 1844.]
Recorded in Book A Vol. 1 Page 218

10734
Indiana
Comfort Harvey
Widow of John Harvey
who was a pensioner under the Act of and who died on the
1806
of _____ in the State of who was a Serg t & priv. in the commanded by Captain _____ of the commanded by _____ in the No. Ca. line for _____
Inscribed on the Roll of Madison Ind a . at the rate of 100 Dollars Cents per annum, to commence on the 4th day of March, 1836.
Certificate of Pension issued the 15 th day of Sept r 1849 and sent to J. D. Bright, Madison, Ind a .
Total amount, $ _____
[Act July 7, 1838.]
Recorded by Book D
J. P. Chase (Clerk) Vol. 1 Page 425,

State of Indiana
County of Tippecanoe ss: I declare that I, Addison M. Crane of said County being duly sworn before his oath saith that he has been, and is employed by Cornfort Harvey as her agent to obtain a pension. That on the 18 th day of October last, soon after she had made her Declaration for a pension, said Cornfort told deponent that her husband after she was married to him went, either to Raleigh, or the seat of government of North Carolina (and deponent cannot now remember which expression "Raleigh" or "the seat of government" was used by her) and received $80 or $84 (She thought $84,) and brought it home in golds. Deponent also says that the statements contained the letter addressed to Hon John Pett under date of "Lafayette Indiana February 3 rd 1849." a copy of which is herewith sent to the Commission of Pensions, as to the different places of residence of Mrs Harvey since her marriage. are substantially the same statements made by her to deponent, and deponent verily believes, not only from the statements of Mrs Harvey, but from his own enquiries, that no better evidence than that already adduced can be obtained as to the time of her marriage. Deponent also says, that from their appearance, he should judge, and is of opinion that Mrs Anderson & Mrs Harvey, are each of the age stated by them, in the Declaration of Mrs Harvey, and the affidavit of Mrs Anderson now on file in the Pension office - and that they are both persons of good credit & character, and further saith not.
A. M. Crane.
State of Indiana
Tippecanoe County ss: On this 19 th day of March 1849, personally came before me the undersigned a Notary Public of said County and State, duly authorized and empowered by law to administer oaths and take depositions, Addison M. Crane and made oath in due form of law that the matters stated in the foregoing affidavit, by him subscribed, were true in substance & matter of fact. And I certify that said deponent is a man of good character & that his statements are entitled to credit.
Witness my hand and official seal this 19 th day of March A.D. 1849, Hiram M. Chase Notary Public

249 Rev WIDOW, &c.
File No. 249
Comfort Harv y widow of John Harv y Briv. & Sergt. Rev. War
Act: Feb. 2 nd 1848
Index:—Vol. A , Page 310
[Arrangement of 1870.]
Adj. Oct 12, 1906

Lafayette, Tippecanoe Co. Indiana October 20 th 1848.
Sir,
Enclosed I hand you the declaration of Comfort Harvey widow of John Harvey, for a pension, under the Act of July, 7, 1838 - also the affidavit of Anna Anderson. I also inclose you a letter from Jefferson Kinney clerk of Augusta County Virginia showing that no record proof exists there of the facts of Mrs Harvey's marriage. She has procured the affidavit of her brother Ebenezer Jones (herewith enclosed) to that fact, and he is the only living witness so far as she knows by whom she can prove it.
Mrs Harvey stated to me after her declaration had been made that Mr Harvey, her husband, after her marriage to him went to Raleigh and rec d 80 or $84. (She thinks 84 8 ) for pay due him - and brought it home in gold.
Query: Was not this the bounty of $80. under the resolve of the Continental Congress of May 15, 1778, to be paid to all non com. officers musicians and privates who should serve until the end of the war? And if the rolls in your department show that he did receive such pay, would not that be evidence that he did serve through & until the end of the war, as she has stated in her declaration?
Mrs Harvey's pecuniary circumstances are such as to render it a matter of the first importance, that her claim should be passed upon, and her pension (if entitled) granted, with as little delay as practicable.
I have the honor to be your ob dt . Serv t .
Hon. J. L. Edwards. Comm. Pensions
A. M. Crane

   Date of Issue Certificate Letter Names Dollars Cents Regiment     Aug st 27. 1784 75,360 G. John Harvey 418 80. 00 James Pennett  
Auditor General's Office Harrisburg Nov. 2, 1848 S
I certify that the above is a true extract from folio 110 of Payroll Book A. pertaining to the Revolutionary War, and now remaining in this department. I further certify that the name of John Harvey appears in the same book on folio 23, where it appears that he was paid (per James Pennett) the sum of Eighty dollars being "for pay to January 1 st 1783," in the second regiment 1782. And I further certify that the name of John Harvey appears in the same book on folio 80, where it appears that he was paid (per James Pennett) the sum of Forty dollars and sixty ninetieths being "for pay to November 3 rd 1783," in the first regiment 1783. Witness my hand and seal of office the day and year aforesaid.
J. H. Hammond Secy John N. Purvance Aud. Genl

The commtee on Military land warrants to whom was referred the petition of Samuel Stroop praying that a warrant might issue to him for two hundred and seventy four acres of land have had the same under their consideration and beg leave to report the following facts; Samuel Stroop prays that he may receive a warrant as the assignee of John Harvey, he proves by unquestionable testimony that in the year of 95, or 96, he purchased the certificate of John Harvey, that he received a written transfer from said Harvey which is now lost, that he placed said Harvey's certificate in the hands of Martin Armstrong for the purpose of drawing a warrant for him which he has never yet obtained, the receipt of Martin Armstrong in his own hand writing was also produced before us stating that he had received such a certificate.
The commtee also find that the said John Harvey is justly entitled to a land warrant for two hundred and seventy four acres which has never been drawn by any person. They therefore recommend the adoption of the following resolution.
Resolved, that the Secretary of State be and he is hereby directed to issue to Samuel Stroop as assignee of John Harvey a Military land warrant for two hundred and seventy four acres of land.
Respectfully Submitted C. D. Bonner Chm.
In Commons 22 d Decr 1819. Read and concurred with.
R. M. Saunders S.H.C.
By order Plenderson - C.H.C.
In Senate Dec r 22 d 1819. Read and resolved that this House do concur therewith
B. F.ancy S.S.
By order - Robt Williams C.S.
State of North Carolina
Office of Secretary of State
I William Hill Secretary of State in and for the State of North Carolina do hereby certify that the above is a true copy of a report and resolution passed by the general assembly of this State on the 22 d day of December 1819. and of the proceedings had in each house of said General assembly upon the passage thereof - and on which resolution a warrant was issued as therein directed. Given under my hand this first day of November 1848.
Wm Hill Secretary of State

State of North Carolina
Office of Secretary of State
I William Hill Secretary of State in and for the State of North Carolina, do hereby certify that it appears from a Book of settlements of the accounts of the Officers and Soldiers of the Continental line of this State in the revolutionary war, that John Harvey was allowed by a board of Commissioners at Hillsboro in 1792 for his services as a soldier in said War, the sum of eighty pounds eleven shillings and five pence (£80. 11. 5) which was drawn by himself
Given under my hand this 2 nd day of November 1848.
W. Hill Secretary of State —

State of Indiana p.
I, Isaac Naylor, President Judge of the first judicial Circuit in said State of Indiana Do hereby certify, that I am and for more than ten years past have been well acquainted with the widow Comfort Harvey, She residing during that time, and longer, in Crawfordsville, in the County of Montgomery and State aforesaid, which also during all the time aforesaid, and longer, has also been the place of my own residence. And I further certify that, from her appearance, I should judge her to be of about the age of eighty years - that she is a woman of good character for truth and otherwise - and that she is needy circumstances in life.
Given under my hand this 22 d day of February A.D. 1849.
I. Naylor
I Mark Jones Clerk of the Circuit Court of the County of Tippecanoe do hereby certify that at the time of making and signing the foregoing Certificate, Isaac Naylor whose name is, thereto signed was President Judge of the first judicial Circuit in said State of Indiana, which Circuit embraces said County of Tippecanoe. That at the date thereof he was as such President Judge holding a term of the Circuit Court in said County, - That I am well acquainted with his hand writing, and that the signature thereto is his genuine hand writing and signature.
In Testimony whereof I have here to affixed my Seal of office, and subscribed my name this 23 d day of February A.D. 1849.
Mark Jones Clerk.

Lafayette, Indiana, September 10 th 1849.
Sir,
In the case of Comfort Harvey, widow of John Harvey, who is an applicant for a pension under the Act of July 7 th 1838. I enclose you the affidavits of Jermina Harrison, Leonards Conrad and Charles Vret, who prove that they knew the applicant Comfort Harvey long prior to 1894, while living with her husband John Harvey as his wife in Stokes County North Carolina.
It may be proper for me to state that Ebenezer Jones is undoubtedly mistaken when he says in his affidavit that Harvey and his wife resided in Iredell County. The old lady has always told me that they lived in Stokes County, but a few miles from her father's family who lived in Iredell, these two Counties at that time adjoining each other. With this explanation the affidavits are all reconcilable, her brother Ebenezer having undoubtedly forgotten that Harvey and his wife lived beyond the Iredell County line.
It will be observed that Elizabeth Jones in her affidavit does not state in what County Harvey and wife lived when she knew them; only that she (deponent) lived in Iredell County.
As the applicant has now fully complied with your rule requiring her to show that the parties were living together as husband and wife prior to 1894. The claim, it is submitted, is fully made out, and the applicant entitled to her pension for the One years service as a private, and the One years service of a sergeant, of her husband and your action hereon respectfully requested. This is a meritorious case if there ever was one.
I am very respectfully
Your Obedient Servant
A. M. Crane
Hon James L. Edwards.
Commissioner of Pensions.

State of Virginia
Augusta County, to wit:
I, Jefferson Kinney, Clerk of the County Court of Augusta, in the State aforesaid - do certify that, I have made a careful examination of the records and papers of my said office for evidence of the marriage of John Harvey to Comfort Jones - and that I find no evidence thereof in my said office - I further certify that I can find no evidence of marriages in any case whatever prior to the year 1785.
In Testimony whereof I have affixed my seal of office and subscribed my name the 1st day of March, A.D. 1849, and in the 73rd year of the Commonwealth.
Jefferson Kinney, C.C.

Lafayette, Indiana, March 19 th 1849.
Sir,
Comfort Harvey, widow of John Harvey is an applicant for a Pension under the Act of July 7, 1838. Her Declaration and documentary proofs of her husband's services in the Revolution, as also proof of her marriage, are on file in the pension office. Deeming that every point had been fully proved to entitle her to a Pension, in January last I addressed you through the Hon. Jno. Petit, asking the case to be taken up and examined, the result of which application was a letter from you to him stating that the evidence was sufficient to establish her husband's services for twelve months as a Sergeant, and twelve months as a private, but suggesting that it would be more satisfactory to you if further evidence could be produced of her marriage.
After receiving that answer, on the 3 d of February last I addressed through Mr. Petit to you, another letter, directed principally to the internal evidence as to the time of her marriage contained in the papers already on file - and also my own affidavit.
These papers, Mr. Petit tells me, never came to hand - they were probably lost in the mail. A copy of that letter, and affidavit re-sworn to, I herewith send you, and to them ask your particular attention.
As this case has been taken up and passed upon so far as to entitle her to her Pension with this one exception, may I ask that you will examine this one point which can take but a few minutes at most, and should her name be placed on the Pension Roll send the certificates to me.
I am very Respectfully Your O bt Servt.
A. M. Brane
Hon. J. L. Edwards

Lafayette Indiana July 16 th 1849.
Sir.
My several letters of March 19 th . March 23 rd . April 18 th . May 21 st and June 18 th . (1849) in relation to the claim of Comfort Harvey, widow of John Harvey for a Pension under the act of July 7 th 1838. remain unanswered.
Deeming her claim fully established by the evidence now on file in your office - and knowing as I do the extreme want of Mrs. Harvey, I now again most earnestly and respectfully beg that the additional evidence sent you on the 21 st May & 18 th June - with the other evidence, may be examined and finally acted upon.
I have the honor to be
Very Respectfully
Your O bt Servt A. M. Crane
Hon J. L. Edwards Comm r of Pensions

Stannington, Va. March 1. 1849. I have the honor to respond to your letter of the 24th ultimo, in which you inform me that the last of the a few days since - and as requested I have made a careful re-examination of the records of my office from 1785 to 1795 for evidence of the marriage referred to, examining as well the certificates given by clergymen of the marriage as also the file of bonds taken upon issuing the license and I regret to inform you that from neither source can I find any evidence of the marriage - It must have taken place prior to the year 1785 perhaps in 1784 the earliest date from which you request the examination to commence
The Statute of Va. passed about the year 1745, (being the year at which the first Court of Augusta County dates) required the clerks of Courts upon the issuing of every marriage license to take bond with security from the applicant &c.
Yet I find no bond, or certificate of the clergy- man, in any case whatever from the year 1745 down to and including the year 1784. That such bonds were taken and certificates returned, I have very little doubt - but so it is, they are not to be found - in all probability they have been destroyed as useless many years since.
Having been in several instances requested

to give a Certificate where the marriage was at an early period and not found - I have enclosed one in the case to which you refer thinking perhaps that it may be useful to you at the Department to account in part for the absence of the evidence usually required.
Very
Respectfully
Your old St.
A. M. Crane
Jefferson Kinney

Lafayette Tippecanoe County Indiana May 22. 1849.
Sir,
In the case of Comfort Harvey widow of John Harvey, who is an applicant for a pension under the act of July 7 th 1838. I send you additional proof of her having been the wife of John Harvey, being the enclosed affidavit of Elizabeth Jones, who knew Mrs. Harvey when living with her husband John Harvey in Fredell County North Carolina as early as 1791 (deponent being then 9. and now 67. years of age), and continued to know them living together as such for 16 years until Harveys death in 1806.
This evidence (which has been obtained at considerable expense and trouble) shows conclusively "the existence of the relation of husband and wife between them prior to 1794." and so complies with the proof required by your letter to Hon John Petit of January 24 th 1849.
You have already passed upon the proof of her husbands services and reported that the evidence was sufficient to establish his services for twelve months as a sergeant and twelve months as a private - two years in all - and as the case is now fully made out I would beg that her certificate of pension may be forwarded with as little delay as practicable.
I have the honor to remain Your Obt. Servt. A. M. Crane
Hon J. L. Edwards Comm. Pensions

Lafayette, Indiana. October 28 th 1849.
Sir,
Enclosed I send you the application of Comfort Harney (who is a pensioner under the Act of February 2 nd 1848) to be transferred so that her pension hereafter shall be payable in Tennessee.
Mrs Harney left her former residence in this State for Tennessee on the 15 th inst. and requested me to procure her transfer and send it to her.
I am very respectfully
Your Obt. Servt. A. M. Crane 11
Hon J. L. Edwards Commissioner of Pensions.