Revolutionary War Pension and Bounty Land Warrant Application File S. 8606, James Greene, Va.
Page 1

(3-1776)
Service
Va. 

Greene, James
Number
S.8606

Contents
[handwritten] carded [end handwritten]
Page 2

Hon. R.C. Puryear.
30th March 1854.

31,580
Virginia, Richmond

James Greene, decd.
Pittsylv. Co. in the State of Virginia who was a Private in the company commanded by Captain Garland of the Regt. commanded by Col. Glenn in the [illegible - Virg. (mil)?] for 6 months

Inscribed on the Roll of Richmond
the rate of 20 dollars cents [crossed out] per annum,
commence on the 4th day of March, 1831. [illegible] the 1st November 1837. when he died.

Certificate of Pension issued the 16th day of Jan.
1839 and sent to Hon. W.C H.R.

Arrears to the 4th of Sep. '38 150.00
Semi-anl. allowance ending 4th Mar. '39 10.00
Payable to}
Laban Greene}
& John Greene}
children of dec?} $160.00

{Revolutionary Claim Act June 7, 183[cutoff]}
Recorded by D. Brown
Book E Vol. 6 1/2 page
Page 3

Magistrate Will Tunstall

James Greene
Declaration

Hon. W. Coles H.R
[crossed out]
Thomas Williams
Williams [illegible]
Pittslyvania County
Unsigned
[end crossed out]
Page 4

State of Virginia (to Wit)
On this 8th day of May 1834 Personally appeared before me William Morsham a Justice of the Peace for the County of Pittsylvania in the State aforesaid James Greene a resident of Said County aged Eighty Nine Years, who being duly sworn according to law doth on his Oath make the following Declaration in Order to Attain the benefit of the provision made by the Act of Congress passed June 7th 1832 -
That he was a Soldier and served several tours of duty in The Militia Service of the Revolution, But by reason of Old Age and the Consequent loss of memory, he cannot swear positively as to the precise periods of the war when he entered the service. or the exact time, he was in Service on each tour, near can he recollect the Officers that commanded him on the different tours. but to the best of his recollection he was in Service. [illegible] less than One year and Six months the whole of that time he acted as a private. and for such service I claim a pension.

I was born in the County of Suningburg in the State of Virginia the 29th day of October 1745.

My age was recorded in a large Book & kept in the family for many years. I dont know where it is [illegible]

I lived in the County of Lunenburg when I entered the Service of the Revolution, I lived in that County untill the year 1810. then moved to the County of Pittsylvania and have lived in that County ever since
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I was drafted every time I entered the Service
- 
I served with Captain Garland, Captain Broadnax, Captain Holloway, Captain Easham, was under Col. Cooke Col. Glenn, Genl. Greene & I served a tour against the Indians on New River near the lead mines soon after the War Commenced. 
I served a tour in the eastern part of Virginia
I served a tour of Six Months when Genl. Gates was defeated in South Carolina - I served again two or three months of which time I was in the battle of Guildford and rendered other Service that I do not now Recollect.

I was regularly discharged from Service, my discharges are lost and know but few persons now living that way in Service with me and ^cannot not prove Service that I rendered
-
Benjamin Watkins, William Dupuy, Thomas Murphey, Aden Dismang William Lundamon and many Others can testify as to my character for Veracity and their belief of my services as a soldier of the Revolution. There is no Clergyman living near me

He hereby relinquishes every claim whatever to a Pension or annuity except the present and declare that his name is not on the Pension Roll of any Agency in Any State -
his mark [hand drawn x] James Greene
Sworn to, and Subscribed the day and year aforesaid
Wm Worsham [illegible].P.
Page 6

Mr. Thomas Murphey and Aden Dismang residing in the County of Pittsylvania, State of Virginia hereby certify that we are well acquainted with James Greene who has subscribed and sworn to the foregoing declaration, that we believe him to be Eighty nine years of age. That he is reputed and believed in the neighborhood where he resides to have been a soldier of the Revolution and that we concur in that opinion.
[illegible signature]
Aden Dismang

Sworn to and subscribed the day and year aforesaid

Wm Worsham JP

I William Worsham a Justice of the Peace in and for the County of Pittsylvania State of Virginia do hereby declare my Opinion, after the investigation of The Matter and after Pulling the Interrogatories prescribed by the War department. Together [illegible] my our acquaintance with [smudged and illegible] applicant, that he was a Revolutionary Soldier and served as he states

I further Certify that Thomas Murphey and Aden Dismang who have signed the above certificates are residents of this county that they are credible men and that their statement is entitled to credit.

I further certify that James Greene the above named applicant by reason of old age and
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Bodily infirmaties cannot attend the court of our counting bing at least twenty five miles from his place of residence. Given under my hand and seal the day and year above written
Wm Worsham JP

Virginia to wit

I William Tunstall Clerk of the County Court of Pittsylvania in the State aforesaid do hereby certify that William Worsham Mesq. is a Justice of the Peace in and for said County duly commissioned and qualified and that I believe his signature above to be genuine.

In testimony whereof I have hereunto set my hand and seal of office this 22nd day of May 1831.
Will Tunstall
Page 8

Watter Coles
[Illegible]

Hm to Coles
HR

[Written sideways along the side] James Green dec
[Illegible Signature]
Page 9

Virginia Pittsylvania County July Court 1838

The Court doth Certify that James Green (an applicant for a Pension) departed this life about the 1st of November last, that he left no widow and that Laban Green & John Green are the only children of the said James Green now known to the living.

[Outline of Round Seal, pressed in the paper]

In Testimony that the foregoing is truly transcribed, from the records of the Said Court I William H Tunstall Clerk [illegible] have hereunto subscribed my name & affixed the Seal of said Court this 20th day of July 1838.
Wm. H. Tunstall
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Power of Attorney
John Green, son of James Green dec. a late Revolutionary Soldier.
-
Suspended Claim
Probably for increase as the soldier may have been a pensioner under act of 7 June 1832.
-
Virginia

Comm. of Pensions
Cole,
It is desired to know whether there is such an application and what is ^the defect, [illegible] one now suspended
Respectfully,
Hon RC P[illegible signature]

[Written sideway along edge]
John Green's P. of Atty
28th Feb 1854 - To [illegible]
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Power of Attorney
State of Virginia}
Pittsylvania County}

Known all men by these presents, that I John Green of the County and State aforesaid, have hereby appointed, and by these presents do irrevocably appoint Benj M S Cabelle or ^Hon Mr Puryear of Washington D.C. my true and lawful attorney, for me, and in my name and place, to examine and inspect all the papers, documents records having any connection with the Pension Claim of my deceased father James Green, who was a Revolutionary Pensioner under the Act of Congress approved the _ day of _ and the Act approved the _ day of _ which claim was duly filed in the office of the Commissioner of Pensions, and remains suspended for future [illegible], and in my name to prosecute my claim to some result. That I do hereby invoke all powers of attorney heretofore given by me for a like purpose, and authorize my said attorney to do all things nessary to be done to [illegible] the pre[illegible], in as full and ample a manner and I could myself do, if I were personally present and acting.

In Testimony whereof I have hereunto set my hand and affixed my Seal this 28th day of February 1854.
John Green Seal [Signature of John Green, handwritten next to it is the word "Seal" with a circle drawn around it]

Witness
C. C. Tinsley

Reuben Mahon
State of Virginia - County of Pittsylvania} SS

Before me a Justice of the Peace within and for the County and State aforesaid the above named John Green, and acknowledge the foregoing Power of Attorney to be his act & deed for the purposes therein mentioned. Witness my hand & seal this 28th day February 1854

Greenbery Thornton SSeal [Signature of Greenbery Thornton, handwritten next to it is the word "SSeal" with a circle drawn around it]
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State of Virginia Pittsylvania County [illegible]

I Langham Scruggs Clark of the county court of Pittsylvania County in the State of Virginia, do hereby certify that Greenbery Thornton before whom the within Power of Attorney from John Green to Benjamin W.S. Cabell was acknowledged, is and was at the date thereof an acting justice of the peace for the said county, duly elected, commissioned and sworn, and that his signature thereto is genuine

as [illegible] my hand and seal of office this 13 day of March 1852.
[Signature] L Scruggs [illegible]


John Greens P. of Atty
28th Feb 1854 - To Cabell [illegible]
Page 13

[illegible] Green
Virginia
[Drawing of a right hand with index finger pointing to the next sentence:] Green is dead
6 mo.
[illegible] certificate in the name of Laban Green & M Green children of James Green [illegible] afs.d $20 [illegible, possibly pr. annum?] March 4 1891
[illegible] Nov 1 1837.

Walter Coles
[illegible]

[Crossed out] Thomas Williams [illegible]
[illegible]
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WAR DEPARTMENT,
Pension Office,

Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margins with a brace, (thus: } ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by compling with this request, greatly facilitate the investigation of your claim.

[Beginning of chart]
A Statement, shewing the Service of 
-
Periods when the service was rendered | Duration of the Claimant's service - Years | Months | Days | | Rank of the Claimant | Names and rank of the Field officers under whom he served. [blemish] | Age at present and place of abode when he entered the service. | Proof by which the declaration is supported. |

1
2
3 4-
# 4  2o3 - -----
# See Richard Thomson, [Illegible]

[end of chart]

I am, respectfully,
Your obedient servant,
James L Edwards,
Commissioner of Pensions.
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2

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.

The following regulations have been adopted:

This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms “Continental Line,” “State troops,” “militia,” and “volunteers,” all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.

Four general classes of cases are embraced in this law:

1. The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval Service.
4. Indian Spies.

As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.

DECLARATION,

In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.

State, Territory, or District of } ss.

County of }

On this __ day of __ personally appeared (a) before __

A. B. a resident (b) of __ in the county of __ and State, Territory or District of __ aged (c) __ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) __ , with __ and served in the __ (e) regiment of the __ line, under the following named officers:

[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [pointing hand icon] This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]

He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of__

Sworn to and subscribed the day and year aforesaid. A. B.

[And then will follow the certificate of the Court.]

And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.

[Illegible, but other copies of this page state the following: "I __ of the Court of __ do hereby"] certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of __ for a pension.

In testimony whereof, I have hereunto set my hand and seal of office (i) this __ day of __ &c.

If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.

Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:

(k) We, A.B., a Clergyman, residing in the __ and C. D. residing in (the same) hereby certify, that we are well acquainted with __, who has subscribed and sworn to the above declaration; that we believe him to be __ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.

Sworn and subscribed the days and year aforesaid.

[And then will follow the certificate of the Court.]

And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the __ and that C. D., who has also signed the same is a resident in the __ and is a credible person, and that their statement is entitled to credit.

I, __ Clerk of the Court of __ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of __ for a pension.

In testimony whereof, I have hereunto set me hand and seal of office, this __ day of __ &c.

Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.

If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
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3
alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.

The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.

1. Where and in what year were you born?
2. Have you any record of your age, and if no, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
{ To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.

The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.

The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.

The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.

Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.

Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.

No payments can be made on account of [illegible - should read "the services of any person, who may have died before"] the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.

__________

[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.

[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.

[c] The age of the claimant must invariably be mentioned.

[d] The declarant must mention the period or periods of the war when he served.

[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of this service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration, by making an affidavit in the following words:

“Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For __ year __ months, and __ days, I served as a __. For __ months and __ days, I served as a __; and for such service I claim a pension.”

#{It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about hree or four months, is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. [Underlining by hand begins] It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit. [underlining by hand ends]}#

[f] The law makes the relinquishment indispensable.

[g] The opinion of the Court is always required.

[h] The Clerk must give his certificate in every case.

[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.

Mode of authenticating papers.

In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

Proof of Service.

[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant’s entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which be 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.

[pointing hand icon] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.

[k] This traditionary evidence is indispensable in militia cases.

[l] If a witness cannot be found, the declarant must state the fact.

[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

[handwritten, illegible sentence at bottom]
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Rev War 
8606 
[check mark] Invalid.  
Over 
File No. 8606 
James Green 
Priv Rev. War
Act: June 7th 1832
Index:-Vol. Ten, Page 157
Arrangement of 1870
Page 18

David Callahan
affidavit for 
James Greene
Page 19

This day David Callahan of Campbell County Virginia personally appeared before me The undersigned a Justice of the peace for the said County of Campbell and State aforesaid who being duly sworn according to law deposeth and saith that during the war of the revolution he lived in the county of Lunenburg in the state of Virginia. The he was well acquainted with James Greene who lived at that time in the said county that he well remembers that he was a soldier in the war of the Revolution and that he was called at different times into service and went but does not know the length of the tours but believes from the best of his recollection that the said James Greene did serve as a soldier in the war of the revolution six months or more. Given under my hand and seal this 17th day of March 1838 Leroy W Cralle JP (seal)

I do hereby certify that David Callahan who appeared before me and [illegible] to the above deposition is a credible [illegible] and that his statement is entitled to credit. Leroy W Cralle J.P.

State of Virginia}
Campbell County} to wit

I John Alexander Clerk of the county court of the county and state aforesaid so hereby certify that Leroy W Cralle whose signature is annexed to the foregoing certificates,
is his and was at the time of signing the same a Justice of the peace in and for said county duly commissioned and qualified & that full faith and credit is due and should be given to all his acts as such 
In testimony whereof I have hereunto set my hand and affixed the seal of said court at my office this 18th day of March 1838 
[Seal pressed in to page] 
John Alexander
Page 20

according to Samuel and that the [crossed out] signature hereto annexed purporting to be his are genuine
In testimony whereof. I have hereunto subscribed my name and affixed the seal of the said county at my office this 2nd day of June 1834. 
Samuel Williams clerk
James Wallace
affidavit for 
James Greene
Page 21

This day James Wallace of Halifax County Virginia personally appeared before me the undersigned a justice of the peace for the said county of Halifax and state aforesaid who being duly sworn according to law deposeth and saidth that during the war of the revolution he lived in the county of Lunenburg in the State of Virginia. That he was well acquainted with James Greene who lived at that time in the said county that he well remembers that he was a soldier in the war of the revolution and served several tours of duty in the said war. That this deponant was a soldier and served two tours of duty with the said James Greene.  To wit they were together when General Gates was defeated in South Carolina in the year 1780. That they were together at the Battle of Guildford North Carolina in the year 1781 That the said James Greene did to his own knowledge serve as a soldier in the War of the Revolution not less than six months. Given under my hand this 10th day of October 1833. Rich A Thomson J.P.

I do hereby certify that James Wallace who appeared before me and swore to the above deposition is a credible man and that his statement is entitled to credit. Rich A Thomson J.P.

Virginia to wit.
Samuel Williams clerk of the county court of Halifax in the state aforesaid do hereby that Richard Thomson before whom the foregoing affidavit was made is an acting Justice of the peace in and for said county duly commissioned and qualified
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according to Sam and that the [crossed out] signatures thereto annexed purporting to be his are genuine In testimony whereof, I have hereunto subscribed my name and affixed the seal of the said county at my office this 2nd day of June 1834 
Samuel Williams clerk
James Wallace 
affidavit for 
James Greene