Revolutionary War Pension and Bounty Land Warrant Application File S. 1,910, James Haynes, Va.
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(8-1776)

[3 columns]
|SERVICE |      | NUMBER |
| Va.  | Haynes, James | S. 1910 |
|         |      |      |
[right side]carded
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CONTENTS
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[left side] Tennessee 6519
[horizontal double line]
James Haynes
of Henry Co. in the State of Tennessee who was a Patriot in the Company commanded by Captain Leftwick of the Reg commanded by Col. Calloway in the Virginia line for 18 months [line] n [line]

[horizontal double line]
Inscribed on the Roll of Tennessee at the rate of 60 Dollars ____[scratched out cents] per annum to commence on the 4th day of March, 1834.
[horizontal double line]
Certificate of Pension issues the 25th day of Feb 1833 [line]and for the [illegible] C. Johnson
H ? [illegible]
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Arrears to 4th of Sep. 1832.      $90
Semi=anl. allowance ending [illegible] '33  30
[doble line]$120
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{Revolutionary Claim Act June 7, 1832}

Recorded by Geo C. Stiles, Clerk
Book 10 Vol. 9 Page 130 [or 150]
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State of Tennessee [vertical squiggle]
County of Henry[right of this] ss.

On this 5th day of September 1832, personally appeared in open Court, before the Justices of the County Court now sitting James Haynes a resident of the County of Henry and State of Tennessee, aged seventy two years, who being first duly Sworn according to law, doth on his oath make the 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.--In July 1776 , I think, I volunteered under [Captain William Leftwick [scratched out word] Ensign Saunders, Colonel James Calloway, and Colonel Lynch was was [sic] with us part of the time--I volunteered in Bedford County Virginia--we were Stationed at the Lead Mines to protect them against the British, Tories and Indians where we remained for four months we volunteered for the trip--we were discharged at the Lead Mines by Captain Leftwick, and my discharge is lost--

I again volunteered up New River above the Lead Mines Virginia in September or October 1780 for one month. to surprise the Tories we traversed the county up New River, Cripple Creek ? and took some Tories and put them in the [scratched out words] [illegible] house  we served under Captain Brison--at the expiration of the [scratched out word] month we returned home--It is my impression that the Captain gave us a written discharge--

In May 1781 I volunteered in Henry [scratched out word] County Virginia for three months under Captain Thomas Smith, Nathan Swanson, Colonel Tucker General Lawson--we found the army at  Prince Edward Court House the men with Captain Smith and Captain Cowden being fractions of companies, the fractions were put together under the command of Captain Cowden. Nathan Swanson continued to be Lieutenant from there we pursued Cornwallis and crossed James River at Carter ferry--near Richmond we were formed in battle order expecting a fight with Cornwallis; but he eluded us--we followed him to old James Town on James River, where we
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had an engagement with him, which lasted for several hours--a part only of the army was engaged--from there Cornwallis made his escape to Little York where he surrendered--a short time before Cornwallis surrendered we were discharged by Major Jones--we remained in the service four months in consequence of a lack of new--& after the taking of Cornwallis removed to the frontier of Greenbrier County Virginia where encountered the difficulties attendant on Indian warfare for several years--In 1793 I served nine months under Captain Caperton against the Indians in the New River country. I have no documentary evidence and I know of no person whose testimony I can procure who can testify to my service--I was 2 Sergeant under Captain Cowden.

I hereby relinquish every claim to a pension except the present, and declare that my name is not on the Pension Roll of the Agency of any State.

1--Where and in what year were you born?
I was born in Bedford County Virginia February 17 [illegible]

2--Have you any record of your age, and if so where is it?
I have the record of my age at my house in Henry County Tennessee

3--Where were you living when called into service, where have you lived since the Revolutionary War and where do you now live?
I was living in Bedford County Virginia when called into service--I lived in Greenbrier County Virginia 10 or 12 years after the war--from there I moved to Sumner County Tennessee I then moved to Stewart County Tennessee and Montgomery adjoining counties and from there to Henry County Tennessee where I have lived near 7 years. I now live in Henry County Tennessee

4--How were you called into service; were you drafted, did you volunteer, or were you a substitute and if substitution for whom?
I volunteered on each occasion

5--State the name of some of the Regular officers who were in the troops where you served such Continental and Militia regiments as you can recollect and the general circumstances of your service--
I do not know that I can name any Officers other than those I have already spoken of (to wit) Captain Leftwick
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[scratched out word]Captain Saunders Colonels Calloway and Lynch, Captain Brison, Captain Smith, Lieutenant Swanson, Colonel Tucker and Captain Cowden Gen Lawson & Lieut Richardson

6. Did you ever receive a discharge from the Service and if so, by whom was it given and what has become of it?
I was discharged first by Captain Leftwick, then by Captain Brison and then by Major Jones I believe

7. State the names of persons to whom you are known your present neighborhood and who can testify as to your character for veracity and good behavior and your services as a Soldier of the Revolution--
I refer for character &c. to James C. Gainer and James Greer

[left side]
Sworn to and subscribed the day and year aforesaid in open court [vertical squiggle]
BC Brown D Clk*

[right side]James e[sic] Haynes

We James C. Gaines and James Greer residing in the State and County aforesaid do hereby certify that we are well acquainted with James Hayes who has subscribed and Sworn to the above declaration; that we believe him to be seventy two 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--we also certify that he is a respectable Minister of the Gospel

[left side]Sworn to and Subscribed the day and year aforesaid [vertical squiggle]
DC Brown D Clk

[right side]Jas. C. Gaines
James Greer

And One Said Court do hereby declare their opinion, after the investigation of One 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 certify that it appears to them that James C. Gaines and James Greer who have signed the preceding certificate are residents of the State of Tennessee and County of Henry and are credible persons, and that their statement is entitled to credit--
John Studdurk JP [round squiggle]seal
Jon. D. Love JP [round mark] seal
Julien Frazier JP[illegible]
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I Thomas K. Porter Clerk of the County Court for the State of Tennessee in the County of Henry do hereby certify that the foregoing contains the original proceedings in the matter of the application of James Haynes for a pension.

[left side seal affixed]
In testimony whereof I have hereunto set my hand and Seal of Office this 5th day of September in the year 1832 -- Tho. K Porter Clk

Know all men by these presents that I James Haynes of the State of Tennessee and County of Henry, have made, ordained, authorized, nominated and appointed and by these presents do make, ordain, authorize, nominate and appoint Thomas Ward of the State aforesaid and County of Stewart my true and lawful attorney, for me and in my name, to ask, demand and receive of the Government of the United States of America such sum or sums of money as are my and may be due and coming to me the said James Haynes under the Act of Congress allowing pay as pensions to certain surviving officers and Soldiers of the Revolution approved June 7th 1832, and to have, take and use all lawful ways and means, in my name, or otherwise for the recovery thereof, and do all lawful acts and things whatsoever concerning the premises, as funky in every respect as I myself might or could do were I personally present at the doing thereof, and attorneys under him one or more, for the purposes aforesaid to make and again at his pleasure to revoke, hereby ratifying and confirming whatever my said attorney shall in my name do or cause to be done in and about the premises, by virtue of these presents--In witness whereof I have hereunto set my hand and seal this 5th day of September 1832--
Acknowledged in Open Court
Test,
B C Brown D Clk

[right side]James Haynes [circle]Seal

[right side, written vertically]James Haynes
17355

[illegible]
18 mo--
[underline]
60$
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17355
James Haynes
of
Tennessee
admd

Hon
C Johnson
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BRIEF in the case of James Haynes of Henry Count in the State of Tennessee
(Act 7th June, 1832.)

1. Was the declaration made before a Court or a Judge? Court

2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?

3. How old is he? 72

4. State his service, as directed in the form annexed.

Period.
[1] July In 1776 Vol
[2] Septr ,, Octr 1780 Vol
[3] May 1781 Vol
[4] 1797
Duration of Service.
Years,
Months,
[1] 4
[2] 1
[3] 4
[4] 9
Days.
Rank.
as a
[1] Pri
Names of General and Field Officers under whom he served.
Gen.
[1] Capt Leftwick Col Calloway Col Lynch
[2] Capt Brison
[3] " Smith. Col Tucker Col Lawson, Capt Gorden
[4] Capt Carpenter

5. In what battles was he engaged? James Town

6. Where did he reside when he entered the service? Buford County Virginia

7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?
Traditionary

8. Are the papers defective as to form or authentication? and if so, in what respect? Defective as to Clergyman & no reasons assigned for not having one.

I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.

[Signed] J Jenkins Examining Clerk.
July 2 1833
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C
Mr Cole
____________
Jas Haynes
Martin Neal
Ten 32

[Vertical]
North Springs Te} Paid 10
June 16. 1857 -}

James E Heath Esqr
Commissioner of
Pensions
Washington City
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Mouth of Sandy Te
June 16. 1851

Sir
At the suggestion of Mr Tonlin, the Agent for paying Pensions at Jackson Tenne I enclosed to you some months ago, Papers made out to draw arrears of the pension due Martin Nease & James Haynes at the time of their death - but you have not honored me with a reply - I since learn that I ought to have applied at the Treasury of the United States - I thought by sending them to you, that a proper sense of duty would induce you to send them to the right office if I had failed to do so. - It seems however that I was under a mistake - Now Sir, I want their papers - I have had trouble enough with them, & if it is not your duty to send me the money for them, send me the papers -
Yrs
T. Cooney

James E Heath Esqr -}
Commr Pensions}
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17355
James Haynes
of
Tennessee
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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 James Haynes which require further proof or explanation.

I. Does the declaration show where the applicant resides? yes

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

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

IV. Has the declarant mentioned the period or periods of the war when he served? yes

V. *Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? yes

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

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

VIII. Has the Court given their opinion? yes

IX. Has the Clerk given his certificate? yes

X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes
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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

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

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

XIV. [notation sign 1]If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? 
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? 
Has the proper officer certified the official character and signature of the magistrate as the regulations direct? 

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

XVI. [notation sign 2]Are the papers authenticated as the regulations direct? yes

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes
_________________________
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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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 garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[notation sign 1]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 witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[notation sign 2]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 which contains the affidavit, or other paper 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.
[symbol of pointing finger]In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.
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Rev War. 1910
INVALID.
_________
File No. 1910
James Haynes
Pvt. Va. Line
_________
Act: June 7, 1832
Index:-Vol. A, Page 156
[Arrangement of 1870.]