State of Georgia
County of Madison
Court of Ordinary January Adjourned Term 1833
On this fourteenth day of January in the year of our Lord Eighteen hundred and thirty three, personally appeared in open court before John Meroney, Robert Groves, Noah W. Pittman and James Long, Justices of the Inferior Court now sitting as a court of Ordinary, Edward Ware, a resident of Capt. Morgans Company District of Georgia Militia in the County of Madison and State of Georgia, aged seventy one years, who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7th 1832.
That he entered the service of the United States under the following named officers and served as herein stated, to wit, He entered as a volunteer in August seventeen hundred and seventy six as a private under the command of Capt. James Higginbotham, Col. Fountain regiment and served a three months tour in an expedition against Governor Dunmore. The next was a service of a three months tour as Orderly Sergeant at Charlottesville Barracks in guarding the prisoners taken in Burgoynes army ~ this service was under Capt. Rucker, Col. Holt Richardson commanding the regiment. He was then attached to and served in the States Legion of Virginia whenever called for untill after the capture of Cornwallis at York. The first tour in this service was a tour of seven days under Capt. Samuel Higginbotham in guarding the prisoners taken at Kings Mountain. The next was a tour of three weeks in scouting and endeavoring to retake some British soldiers who broke off from the Barracks at Charlottesville. He performed this service as a Sergeant in Capt. Franklins company. The next was a tour of duty of six weeks as Sergeant under Capt. Dillard, Col. Lynchs Regiment Rifle Men to the battle at Guilford Court House where he was attached to Genl. Greenes army. In June following, he received a Brevet as Second Lieutenant in Capt. John Lovings Company, Col. Holcombs regiment and marched on to the siege of York where he continued in service four months. He joined Genl Lafayettes army in King William County on his way to the siege, and at Williamsburg General Washington took the command. He was in several skirmishes, but only in two general engagements, to wit, the battle at Guilford and the siege of York. He was in view when Cornwallis surrendered. These engagements were both in the year seventeen hundred and eighty one. Genl Greene commanded at the battle of Guilford and Genl Washington at the siege of York. He belonged to Genl Lawsons Brigade at the siege of York. He knew Col. Samuel Cabell, Genl Lafayette, Genl Washington and others ~ numbers whom he now cannot recollect. He resided in Amherst County Virginia at the time he entered the service and was discharged shortly after the surrender of Cornwallis. He has stated the different places where he performed service ~ which will show the country through which he had to march from Amherst County to the different scenes of action. He has only stated the time he was in actual service without taking into consideration the length of time it took him to travel to and from the scenes of action. He has lost his Brevet and each of his discharges which he had received (having no expectation of ever receiving anything for his services has been one cause of not taking more care of said papers). He has no documentary evidence and he knows of no evidence he can procure who can testify to his services (except the affidavit of Richard Bond who served with him in Capt. Dillards company at the battle of Guilford and during that tour, herewith enclosed ~
In answer to the Interrogations prescribed by the War Department and propounded by the court, he answereth as follows, to wit,
Answer to first Interrogatory: he was born in Amherst County Virginia the 18th day of October 1760.
Answer to second Inter: he says he has a record of his age at his own house.
Answer to third Inter: he was living in Amherst County Virginia when called into service & remained there untill the year 1791 when he removed to Elbert County Georgia. When the County of Madison was formed it included that part of Elbert County in which he resided in Madison County Georgia where he now resided.
Answer to fourth Inter: he volunteered at first (afterwards, as before stated, he joined the States Legion of Virginia in 1778 when he was subject to be called into service at a minutes warning).
Answer to fifth Inter: Col. Holt Richardson commanded at the Barracks at Charlottesville in the absence of the commanding Genl ~ at the battle of Guilford, Genl Greene, Genl Stephens, Genl Washington, Col. Lee and Col. Campbell ~ at the siege of York Genl Washington, Genl Lafayette, Genl Lawson, Genl Richardson, &c.
Answer to sixth Inter: He received a discharge from Capt. James Higginbotham, from Capt. Rucker, from Capt. Dillard and Genl Lawson. He received a Brevet for Second Lieutenant from Maj. Holcomb under which he acted the last tour of duty at the siege of York, which, as well as the discharges, are all lost.
Answer to seventh Inter: he refers you to Andrew McEver, James Griffith, Col. Gabriel Nash, Col. Samuel Groves, Col. John Colley, Robert Griffith, William Meroney, Kinchen Strickland, James Sanders, Whitmill H. Adare, &c.
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 the day and year aforesaid.
We, Benjamin Brown, a clergyman residing in the county of Madison and William Hodge residing in the same hereby certify that we are well acquainted with Edward Ware who has subscribed and sworn to the above declaration, that we believe him to be seventy one years of age, and that he is reputed and believed in the neighborhood where he resides to have been a soldier of the revolution, and that we concur in that opinion.
Sworn & subscribed the day & year aforesaid.
Benjamin Brown, MG
And the said court do hereby declare their opinion ~ after the investigation of the matter and after putting the Interrogatories prescribed by the War Department, that the above named applicant was a revolutionary soldier and served as he states ~ and the court further certifies that it appears to them that Benjamin Brown is a clergyman resident in the county of Madison and that William Hodge who has also signed the same is a resident of the same is a credible person and that their statement is entitled to credit.
John Meroney, JIC
Robert Groves, JIC
Noah W. Pittman, JIC
James Long, JIC
State of Georgia
Personally appeared before me the undersigned a Justice of the Inferior Court of Madison County Edward Ware for the purpose of amending his declaration herewith attached who after being duly sworn on oath saith ~ that as regards his first tour of duty under Capt. James Higginbotham as stated in his declaration, that he entered said service in August Seventeen hundred & seventy six and continued untill in November following making the three months as aforesaid in said declaration and that this service was performed as a private. The next tour as described in said declaration under Capt. Rucker he performed as Orderly Sergeant, this tour he entered in June 1778 and continued untill in September following making the three months as set out in said declaration. The next tour of duty as set out in the declaration is a term of service of seven days under Capt. Samuel Higginbotham as a private. He entered and performed this service in February 1781. The next as stated in the declaration was a tour of three weeks as Sergeant under Capt. Franklin, this service he entered in October 1780 and continued untill in November following making the three weeks as aforesaid. This service was performed before the seven days tour but from old age & loss of memory at that time the declaration was made was placed in this manner. The six weeks tour under Capt. Dillard he performed as Sergeant he entered this service the 27th day of February 1781 and continued untill the 12th of April following making the six weeks as aforesaid. The next tour as stated in the declaration was for a term of four months under Capt. John Loving, he entered this service in June 1781 and continued untill in October following (after the surrender of Cornwallis) making the four months as stated in the declaration. When he entered this service and joined the regiment commanded by Col. Holcomb ~ Maj. Holcomb commanded the battalion to which he was attached ~ there was a vacancy for Second Lieutenant in said company and in the absence of the Col. he received from Maj. Holcomb a Brevet for Second Lieutenant, under which Brevet he acted during this tour of four months. He never was commissioned further than the Brevet as stated under which he acted ~ the Brevet he has lost or mislaid and he knows of no person who can testify to his services except the affidavit of Richard Bond who testifys to his services in the tour of the Battle of Guilford. From the length of time since the performance of said services and the consequent loss of memory by old age it may be possible for him to be incorrect (as to the year) as regards his services in the years 1778 and 1780 but as regards the month when he entered and when discharged and the length of each term of service as stated in the declaration are correct as stated in the declaration and as regards his first entering in 1776 and quitting said service in 1781 are also correct as stated in his declaration. And altho he states in his declaration that he was attached to & served in the States Legion of Virginia whenever called for ~ he does not wish to be understood as claiming any more time than the tours as stated in his declaration, to wit
1 Three months tour as private in the expedition against Dunmore
" Seven days as private guarding prisoners taken at Kings Mountain
2 Three months tours as Sergeant at Charlottesville guarding prisoners
" Three weeks in pursuit of prisoners broke away from Charlottesville as Sergeant
" Six weeks to the Battle of Guilford as Sergeant
3 Four Months as Lieutenant at the Siege of York
He claims a pension for three months and seven days as private, five months and three days as Sergeant, and four months as Second Lieutenant, and that said services were performed by competent authority and with an embodied corps and that during said services he was not employed in any civil pursuit. He further states that the declaration and this amended declaration is the best showing he can make of his services and for those services he claims a pension.
Sworn to & subscribed before me this 8th day of June 1833.
James Long, JIC
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