Revolutionary War Pension and Bounty Land Warrant Application File S. 7065, for Abner James, North Carolina
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N.C.  James, Abner   S. 7065

                                  carded
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North Carolina  16. 749 
Abner James.
of Orage, in the State of N.Car who was a [illegible] in the commanded [blank space] by Captain [dash written] of the Regi- commanded by Gwinn in the No Ca line for 15 months-
Inscribes on the Roll of N. Carolina at the rate of 52. Dollars 50 Center per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 21- day of Sept. 33 Hillsboro, No Ca and [illegible] DL.Barringer.
Arrears to the 4th of [looks like Sehh] 1833
Semi-anl. allowance ending 4 March. 34
131.25
  25.25
________
$157.50
{Revolutionary Claim, 
Act June 7, 1832.}
Recorded by MRice- Clerk,
Book 6  Vol. 6  Page 40


Letters to [illegible] August 19. April 1838
Order to pay 30 April 1838
Letter to 3 auditor 24 March 1840
Paid at the Treasury under the Act of the 6 April 1838 from 4th Sept 1837 to 4 March 1839. Agt Holifield 16. April 1840 Order to pay April 30th 1842
Date of death not in aB
10
2
-
13
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State of North Carolina
Orange County
May term of the Court of Pleas and Quarter sessions for the county aforesaid

Personally appeared in open Court on this 31st day of May 1833. Abner James as resident of Orange County now about 69 years of age who being first duly sworn according to law, doth upon his oath make the following supplementary declaration in order to obtain the benefits of the act of Congress passed the 7th day of June 1832. 
That he entered into the service of the United States as a volunteer in the year 1780 or 81. As stated in his original declaration and without any specific [illegible] as to time in the militia under Capt Gwinn, and served as stated in his original declaration as a private that after he had been in the service as aforesaid two months he engaged as a substitute for a soldier in the militia whose turn of service had in part expired, and he served one month in the capacity of a substitute, making a full service of three months as a private as more particularly detailed in his original declaration. 
This declarant entered the service again in October in the year 1781 for the period of twelve months as a private and served as detailed at large in his original declaration and was at the expiration of his time discharged by a Major
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Lewis. 
This Declament did not produce the evidence of a Clergyman, by reason of The sickness of the Clergyman to whom he was best known. 
Sworn to and subscribed In open court this day a year above.
Abner James his mark

W William Montgomery & Jake Gant, residents of Orange County do hereby certify  that we are well acquainted with Abner James who has sworn to and subscribed this supplemental declaration as with as the original herewith presented that we believe him to be 69 years of age That he is respected and believed in the neighborhood where he resides to have been a Soldier of the Revolution and that we concur in that opinion. 
Sworn to and subscribed 
in open court. 
This day a year above
Jake Gant
W, Montgomery

and the said court do hereby declare their  opinion, after the investigation of the matter, and after [illegible] the Interrogats was, presented by the war department That the above named applicant was a soldier of the revolution and served as he states. and the court further certify that Isaac [illegible] and Israel Halt whose affidavits are amend and
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whose depositions are above are residents 
of Orange County and are credible persons and that their Statement is intitled to credit - and that William Montgomery & Jake Gant are residents of Orange County and are credible persons, & their statements are intitled to [illegible] . 
W Montgomery JP
[illegible] J.P.
Thos. Claney JP

Interrogatory answered by declament -
1st: he was home in Lancaster County Pennsylvania about the year 1764.
2nd. has no record of his age and knows
his age only by tradition
3rd to each he answers " In Orange County North Carolina -
4th. first as a Volunteer & served two
months, 2nd as a substitute & served one
month. 3rd by enlistment for 12 months
5th He served with Genls. Green, Butler
Colns. [illegible] Washington - Cols Lytle and
Lang. & Col Thomas - Major Lewis, & Crafton
Capts - [illegible], Jones, Trouten - Mebane
for answer to ballance, in original declaration -
6th. did become a discharge from the 
twelve months service signed by a Major
Lewis, but have lost it.
Sworn to in open court,
& subscribed.
Abner James his mark
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State of North Carolina

       I John Taylor Clerk of Osage County Court of pleas and quarter Spio??? do certify that the within contains the original proceedings on the supplemental proceedings on the declaration of Abner James on applicant for a Pension
      Witness my hand and Seal of office this 31st May 1833.

                                 J. Taylor CC

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state of North Carolina
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Declaration in order to obtain the benefit of the Act of Congress passed June 7th 1832.
State of North Carolina
Orange County

On this the 26th day of November A.D. 1832, personally appeared in open court before the justices of the court of pleas and quarter sessions for the county aforesaid, now sitting, Abner James, a resident of the county stated aforesaid, aged sixty eight 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 [illegible] as herein stated: That in the Winter of 1780-81, he volunteered without limit of time in the militia of the State aforesaid at the Shallow Ford on the Haw River in the County stated aforesaid, I was attached to the company commanded by Camp Gwinn; and was engaged in service in the pursuit of the tories, in the adjacent counties in part. A few weeks of [illegible] were in the troop of [illegible] commanded by Col. [illegible] of Orange aforesaid. A short time before the Battle of Guilford, he was permitted by his Captain Gwinn to go home to get clothing; I was at home under this [illegible] at the time of that engagement. A few days after that battle he returned to Capt Gwinn's company. Then in Gen. Green's army in Guilford County. From Guilford
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the declarant was marched with Gen Green's army to Ramsey's Mill on Deep River - Butler being the Commanding General of the North Carolina militia. From Ramsey's Genl Green moved southward and the declarant under Genl Butler was marched to Wake Court House; and there to Hillsborough guarding some prisoners. British [illegible] At Hillsboro the declarant was discharged, after having served something more than three months. By whom he was discharged and whether he incurred a written or verbal discharge he now cannot recollect. In addition to the Officers above mentioned, he remembers that Lieutenant Gwinn was one of his Company officers. In October 1781 as well as declarant can recollect he again entered the service of the United States for a tour of twelve months, in the militia of North Carolina, at Hillsboro N.C., under the following circumstances. The militia of the State were at that time classed into companies of forty men [illegible] and each class was required to furnish a soldier for a twelve month tour with the view of raising a competent force to put down the Tories, who enraged the citizens of North Carolina more than the British perhaps. In the neighborhood of the Shallow Ford aforesaid, where the declarant resided, the class of forty men, of which he was on he thinks, prevailed on the declarant to volunteer as the soldier for that service, which the company was bound for. Accordingly he did so, in October 1781, at Hillsboro as aforesaid. The company, to which he was attached, was commanded by Capt Jones and Lieutenant Bilberry.
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Field Officers were Col. Long and Major Crafton. He was stationed at Hillsboro to guard the town and prisoners in jail, and the Genl assembly of the State then in session in Hillsboro aa good part of the ensuing winter. The declarant remembers distinctly an occurrence in Hillsboro that winter. An alarm was given that the tories were about to attack the town, one night at a late hour when it was very dark, rainy and muddy. The soldiers were  summoned to arms in the streets; the mounted men rode to and fro; the members of the assembly flew to their arms and arranged in battle array - all [illegible] were moment to meet the [illegible]. This state of excitement continued for perhaps two hours, when it was ascertained that there was no foundation for the alarm. From Hillsboro, the declarant was marched to Chatham Court House; there to Conner Dowd's Mill on Deep River; there towards Drowning Creek, down the neighborhood of the Raft Swamp; and there to the edge of South Carolina, between Drowning Creek and Little [illegible]. While in that vicinity, a scouting party of the regiment to which the declarant was attached, mistook each other to be tories and had a sharp conflict of a few minutes - in which one of Marion's men lost his life. The mistake was not discovered until the troop of [illegible] retreated. The declarant remembers well, that when the trooper then slain, dell from his horse - one William Duke who was a soldier in declarant's Regiment but of a different Captains company from his own - leapped into the saddle from which the dying man had just fallen. The same William Duke now resides in the county of
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Orange aforesaid east of Flat River - and had previously become known to declarant by his feats of activity as manifested in the march of their Regiment from Hillsboro. Afterwards and while scouring the south eastern part of North Carolina, the declarant with other, as a Guard was dispatched to Hillsboro with a company of Tory prisoner. He immediately returned to the army which was employed in scouting parties over the country in pursuit of tories. While engaged in this service the declarant was taken sick with [illegible] and was furloughed to go home to recruit his health. His health was restored in a short time, and then he rejoined the army at Hillsboro; then and at a [illegible] Paul's in the vicinity, he was stationed until the expiration of the twelve months for which he volunteered as aforesaid. Major Lewis granted him his discharge, at Paul's aforesaid - which discharge is lost. 
The declarant hath no documentary [illegible] of this service and knows of no person by whom he can prove his service, except [illegible] Griffith of Orange aforesaid who was a soldier with him in the twelve months tour for some months. Whose affidavit is hereunto appended. He was born in Lancaster County in the State of Pennsylvania, in the year 1763, as he supposes: he hath no record of his age. He was removed from Pennsylvania to Baltimore and there, when about nine years of age, to Orange County in the State of North Carolina, where he hath now since resided. He hereby relinquishes
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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, so far as he hath knowledge--
Sworn to and subscribed, the day + year aforesaid.                      his
                          Abner x  James
                                    mark

J.  Van Corble

We                   a clergyman, and all of the County of Orange and State of North Carolina, hereby certify that we are well acquainted with Abner James, who hath subscribed + sworn to the above declaration; that we believe him to be sixty eight years old; that he is reputed & believed in the neighborhood where he resides, to have been a soldier in the Revolutions; that we concur in that belief.-
Sworn to & subscribed, the day & year aforesaid


 And the said Court do hereby declare their opinion having considered the matters esteemed in the said Declaration & the proofs in support thereof, that it be certified that the said declaration & the proofs in support thereof are in full for I John Taylor Clerk of said Court do hereby certify
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that the forgoing Contains the Original proceedings of the siad court in the matter of the application of Abner James for a pension.  In Testimony which I have hereunto subscribed hand & seal of office tihs 27th November 1832. 
J. Taylor 

Ms James
of [illegible]
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September 18, 1934
xxxxxxxxxxxxxxx

Mr. L. A. James
501 City Hall
Atlanta, Georgia

Abner James
S. 7065
BA-J/MLB

Dear Sir:

Reference is made to your letters of recent date, in which you request the Revolutionary War records of John Goldsmith, 9th Virginia Regiment, also Benjamin, Abner, Charles, David, Edwin, John and Thomas James, all of North Carolina.

Revolutionary War data furnished by this office are obtained from claims for pension and bounty land made to the United States based upon military service of soldiers in that war.

A careful search of the records fails to show such claims on file on account of the Revolutionary War service of a David, John or Thomas James who served or was pensioned from North Carolina; or of any Benjamin, Charles or Edwin James.

In order to identify the record of the particular soldier named John Goldsmith in whom are you are interested, should it be on file, you should furnish as much as possible of the following data in regard to him: approximate dates of birth and death, places of residence at enlistment and after service and given name of widow.

The record was found of one Abner James, of North Carolina, and is given herein as shown in pension claim, S. 7065, based upon his service in the Revolutionary War.

Abner James was born in 1763 or 1764, in Lancaster County, Pennsylvania, the names of his parents are not shown. He moved from Pennsylvania, date not given, to Baltimore, and when about nine years of age, moved from there to Orange County, North Carolina.

While residing in the neighborhood of the Shallow Ford on Haw River in Orange County, North Carolina, he volunteered in the winter of 1780-1781, served as private in Captain Gwinn's company, Colonel Oneal's North Carolina regiment, engaged in guarding British and
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Tory prisoners and was discharged after having served more than three months. He volunteered at Hillsboro, North Carolina, in October. 1781, for twelve months, served as private in Captains Jones' and John Mebane's companies, Colonel Long's North Carolina regiment, stationed at Hillsboro where they guarded the town, the prisoners in jail there, and the General Assembly of the State then in session at that place, and while on the edge of South Carolina between Drowning Creek and Little Pee Dee River, was in a sharp conflict lasting a few minutes with General Marion's scouting troop of light horse which they mistook for Tories, and in which one of the General Marion's men was slain before the mistake was discovered; during the soldier's service he was engaged most of the time on scouting parties in pursuit of Tories.

Abner James was allowed pension on his application executed November 26, 1832, while a resident of Orange County, North Carolina, where he was still living in 1833.

There are no family data given in the claim.

In order to obtain the date of last payment of pension, the name and address of the person paid, and possibly the date of soldier's death, you should write to the Comptroller General, General Accounting Office, Records Division, this city, and cite the following: Abner James, Certificate 16749, issued September 21, 1833, rate $52.50 per annum, commenced March 4, 1831, Act of June 7, 1832, North Carolina Agency.

Very truly yours

A. D. Hiller
Assistant to Administrator
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1934 Sept. 18 - Hist to Mr. L. A. James - MLB

Rev War

7065
INVALID

File No. 7065
Abner James
Pen Rev War
Act: June 7th 1832
Index: - Vol. [illegible], Page 191

[Arrangement of 1870]
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State of North Carolina}
Orange County }

Isaac Griffith having appeared before me one of the Justices of the Peace for the county aforesaid, and after having been duly sworn according to Law, maketh oath that he knew Abner James, now of the county and state aforesaid, to be a soldier in the War of the revolution, in what was called a twelve month service, in the militia of North Carolina under the command of Col Long, Major Crafton & Capt John Mebane. How long the said Abner James served as a soldier, this affiant doth not know. 

Sworn to & subscribed, this 24th day of November A.D. 1832.
Isaac Griffith
his mark

SS Info
FF [illegible]
State of Aforesaid

I John Taylor clerk of Orange county court of [illegible]  & under [illegible] do certify that [illegible] F. Faucts esq who witnessed the forgoing affidavit who at that time a duly qualified Justice of the Peace of this 
[illegible] my hand & seal of office
19th Dec 1832
J Taylor
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Affidavit of
Israel Holt

[several marks and scratches on paper]
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State of North Carolina
[illegible] County } Court of Plas and Quartersepins Nov Ten 1832

J rad Holt Maketh oath that he is a near neighbor of Abner James the applicant for a pension in the foregoing declaration, that he has known him for about fifty years - that he will remember that said James was absent from the neighborhood for two Tours in the revolutionary war ne he thinks for 12 months and the other for three months - he has no certain knowledge of the service of the said James and when he state above that said James, but it was generally said and believed that he was in the army during his absence aforesaid and such by ever since been the belief of his neighbors - Isaac Holt
Sworn to me open court
J Taylor
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TREASURY DEPARTMENT,
Second Comptroller's Office
April 7th, 1840.

Sir:
     Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," [Abner James], a Pensioner on the Roll of the [North Carolina] Agency, at the rate of [fifty two] dollars and [fifty] cents per annum, under the law of the [7th June 1832], has been paid at this Department, from the [4th of Sept. 1837], to the [4th March, 1839].

Respectfully, yours,
Allenson K. Parris [signature]
Comptroller,

To the Commissioner of Pensions,
Present.
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Abner James

objections

5.11.12.11.16.17

if.
3 P. Co. 125
12

Hon N. P. Mangum [strikethru]
Senate [strikethru]

G Benenjer
Hillsboro
NC
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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Abner James [handwritten] which require further proof or explanation.

I. Does the declaration show where the applicant resides?
yes [handwritten]

II. Did the declarant make the declaration in the county where he resides?
yes [handwritten]

III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?
- [handwritten]

IV. Has the declarant mentioned the period or periods of the war he served?
yes [handwritten]

V. *Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amout of pension he is entitled?
No [handwritten]

VI. Has he given the names of the officers under whom he served, in conformity with the regulations?
yes [handwritten]

VII. Has he made the relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?
yes [handwritten]

VIII. Has the Court given their opinion?
yes [handwritten]

IX. Has the Clerk given his certificate?
yes [handwritten]

X. Is the Clerk's seal affixed? If so, has it a device or inscription by which it can be distinguished from any other seal? 
yes [handwritten]
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2

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?
No [handwritten]

XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
No [handwritten]

XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated his declaration that such proof cannot be had?
- [handwritten]

XIV. + If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
yes [handwritten]
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? No [handwritten]
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
yes [handwritten]

XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have personal knowledge of the applicant's service?
yes [handwritten]

XVI. + Are the papers authenticated as the regulations direct? 
No [handwritten]

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not answered? 7.

EXPLANATORY NOTES.
QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
'Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For - year - months, and - days, I served as a - For - months and - days, I served as a -; and for such service I claim a pension.
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3

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly 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 the garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of paper 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.
In every case where the clerk of the court, or other certifying of officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.
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(on side) Apr 30. 1842

James L Edwards Esquire

Commissioner of Pension
Washington.
Page 25

Penin Office
Fayetteville April 25 42
J. L Edwards, Esquire

Commissioner of Pension

1832. Abner James - (indecipherable scribble) 52
1836. Richard High - "--- 59.31
Page 26

City of Atlanta 
Office of Comptroller 
Atlanta, Georgia

August 18 - 1934

Commissioner of Prision 
Veterans Administration 
Washington DC

[SEAL - RECIEVED AUG 21, 1934 (lesser text illegible)]

Dear Sir
Please furnish me with any and all possible information that you may have in your department concerning the following Revolutionary War veterans of North Carolina.
Together with date and place of birth, date and place of death, their families' widows, children etc.  
Benjamin James,
Abner James,
Charles James,
David James,
Edwin James,
John James,
Thomas James

Thanking you 
Very Truly
L.A James
501 City Hall Atlanta