Revolutionary War Pension and Bounty Land Warrant Application File S. 3159, James Clark, Va.
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Service          Number
Va.     Clark, James   S.3159
carded
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3367
East Tennessee
James Clark
(Illegible) in the State of Tennessee who was a Private in the Company commanded by
Captain Tate of the Reg commanded by Col
Washington  in the Virginia line
for 9 months from 1778
Inscribed on the Roll of East Tennessee
at the rate of 80 - Dollars - Cents per annum
to commence on the 4th day of March, 1831
Certificate of Pension issued the 19 day of Dec 32 and sent to James Hair. Knoxville, Ten: Arrears to 4th of Sept 1832 - 45.-
Semi-anl allowance ending 4 Mar:  15.-
______
$60-
{Revolutionary Claim
Act June 7, 1832}

Recorded by Nathan Rice Clerk
Book D Vol. 9 Page 97-
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[Declaration page 2]

Capt Patrick Buckhanan [Buchanan] in Col Wm Bayer's [Bowyer] Regiment (illegible) to the neighborhood of Richmond there we joined the regular army then pursued  Cornwallace [General Charles Lord Cornwallis] to Williamsburgh [Williamsburg, Va] had a battle at Hatwater [Battle of Hot Water Plantation, Va June 1781] a few miles from Williamsburgh. We were defeated there was none engaged on our side but the militia, he was there when one of the life guard of Genl [William] Campbell who was sick and had to leave the camp they guarded him and his luggage waggon back to Richmond [Va] was there honourably but verbally discharged served two month and twenty days.

Again when leaving at the same place in May 1782 volunteered under Capt John McCittrick [McKittrick] had no Col. Marched to the frontiers of Virginia on the Ohio River against the Shawnee Indians had no battle there back to Stanton [Staunton] Virginia  we was then honourably but verbally discharged served two months. he is not certain he is correct as to dates but is certain that the full time above states which in the whole amount nine months

He has no documentary evidence and he knows of no person whose testimony he can provide who can testify to his service. He hereby relinquishes any claim whatever to a pension or annuity except the present and declares that his name is not on the
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Ominan roll of the agunize of any sloth swarm to and such is the day and year afounaid 

Sworn to Hulneribes in Afan
Count. 8th, Augt. 1832. James Blark

Dan D Hovetelech

We William Billue a Crexgganan residing in the county of Pylacint and Slatt of Pinnefa and William Painey sending in the same

huchy writly not we all well acquainty with lanu Clark who has subscribed and sworn to 
the above salutation that we believe him to sixty nine at seventy years of age that he is suhuld and believed in the neighborhood where he resides to have become a soldier of the Revolution and that we cancel in not ahicon sworn and subscribes the day and year aforesaid

Lsrn to Hichoribed in Mim Killue
Ahan count 8th Augt. 1839 William Lawey
Dan D Hovetelech
And the said Caust do hereby declare that afinian after the negotiation of the matter and after shutting the untisagolares hereniby by the was difaituent that no aboar named applicant was a unfuntionary and siraid as the states and the count for the ceshifies that it appeals to him that William Billue who has signed the receeding sliticah in a luggman resident in the said county of Mylaunt and ston of Bermifa and William Lacey who has also signed the same in a resident in the same place and in a wall zuman and that the statment in anidty to audit
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the founder of the bient cants of law and equity can act for the state of tunak afornd

State of Birnh 
Manit County

I Samuel I Fiecte Clesh of The Circuit Court of siad county do hereby stify that the fasegoing cantain the ascgranal procedings of the said court in the math of the application of Janies Clark has a hurican in titinary whereof I shall herento set my hand and state of office at office in Margbells this 8th day of August 1832

Sual. D. Farl ello
By S conger D.C.

7035
Jany L Lank
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[Declaration page 1] 

State of Tennessee
[Blount] County Ss
On this 8th day of August 1832 personally appeared in open Court before me Edward Scott one of the Circuit Judges of law and equity in and for the state of Tennessee and for the Second Judicial Circuit in the Circuit Court now sitting in and for the said County, James Clark a resident in the county and state aforesaid aged Sixty nine or Seventy 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. He lived in Augusta County Virginia went as a Substitute in the place of a soldier whose name is not at this time recollected on the 1st or 2nd of October 1780 under Capt James Tate there was no Col [Colonel] with us

Marched to Hillsborrough [Hillsborough, North Carolina] there we rendezvoused thence to Six mile Creek then joined Genl [Daniel] Morgan we were a company of rifle men Then to Packatate River [Pacolet River, South Carolina] then to the Cowpens was in that battle [Battle of Cowpens, South Carolina Jan. 1781] 

General [Daniel] Morgan was the Commander, Col [William] Washington commanded the Cavalry, Col [John Eager] Howard commanded  the regulars 
then we guarded the prisoners back to Salibury [Salisbury, North Carolina] 
Was there honourably but verbally Discharged Served 4 months and ten days

Again when leaving at the same place in the first of May 1781 volunteered under
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Faithful Transcription

James Clark
Tennessee
No. 7035

from 1778 private
9 months
$30,

Cert
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BRIEF in the case of James Clark
of Blount County in the State of Tennessee
(Act 7th June, 1832.)

Was the declaration made before a Court or a Judge?
Court
If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
How old is he?
69 years
State his service, as directed in the form annexed.

Period | Duration of Service | Rank | Names of General and Field Officers under whom he served.

In 1780
1781 volunteered
1782 volunteered

Years Months Days
4 10
2 20
2 —

Rank:
As a [illegible]
as substitute
for whom no [illegible]
Private

Gen. Morgan
Gen. Washington
Col. Tate Rifle Company
Genl Campbell
Col. Baynes Capt. Buchannon
Col. McClintock

In what battles was he engaged?
Cowpens
Where did he reside when he entered the service?
Augusta County Virginia
Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?
Traditionary
Are the papers defective as to form or authentication? and if so, in what respect?

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

Examining Clerk
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Rev. & 1812 War Section
June 18, 1925

George Miller
Harriman, Box 226
Tenn.

Sir:

I have to advise you from the papers in the Revolutionary War pension claim, S. 3159, it appears that JAMES CLARK, while living in Augusta County, Virginia, enlisted October 1 or 2, 1780, and served four months and ten days as private in Captain Jesse Tate’s Virginia Company; he was in the battle of Cowpens. He enlisted May 1, 1781, and served two months and twenty days in Captain Patrick Buchanan’s Company, Colonel William Baynes’ Virginia Regiment; he was in the battle at Hotwater. He enlisted in May, 1782, and served two months in Captain John McClintick’s Virginia Company, he marched against the Shawnee Indians on the frontier of Virginia.

He was allowed pension on his application executed August 8, 1832, at which time he was a resident of Blount County, Tennessee, aged sixty-nine or seventy years.

There is no data on file relative to his family.

Respectfully,

WALTER S. METCALF
Commissioner
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Commissioner of Pensions,
Washington, D. C.

Revolutionary War Section.

Dear Sir:—Will you please send me all the data, including family data, your office contains regarding the following revolutionary war pensioners:

John Clark, Blount Co., Tenn., under act of 1818.

James Clark, Blount Co., Tenn., under act of 1832.

Yours very truly,
George Miller

George Miller,
Box 226,
Harriman, Tennessee.

April 14, 1925.
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1925 July 18 Notice
Geo. Miller — sent

1932 Sept. 21 sent to Mrs.
Nancy Jane Kimbrough
the codes in Rev. War also
John Clark, S. 5736, 1818

B/359
INVALID

File No. 3159

James Clark
Pvt. Va. Line

Act: June 7, 1832

Index — Vol. A, Page 68

[Arrangement of 1870.]
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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 Clark
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 his 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?
Yes

XII. If the clergyman’s affidavit has not been produced, is there any reason assigned for not obtaining it?

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. If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?

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. 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?
12 of 7 not answered

EXPLANATORY NOTES.

*QUERY 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 the 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 phrases about three or four months is too indefinite, and all such qualifying expressions are objectionable.

QUERY 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 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 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.

QUERY XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated 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 tape or narrow ribbon, the end 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.
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Knoxville August 10th 1812

Hon. Lewis Cass

Sir

You will receive herein enclosed the following applications for pensions which you will please pass upon and inform me of the result as soon as you can make it convenient

John Duncan
James McCallan
James Clark
Tho. S. Hunter
Robert McCoy
Joseph Robson
Samuel Thompson

The above named John Duncan and James McCallan are both too infirm both in body and mind to give detailed statements of all the facts that transpired during their campaigns. In fact there is but few if any to be found that can give the dates entirely which we need not wonder at we might be surprised if they could. They saw no necessity for retaining their discharges and a great part of them never got any which convinces me from the examination I have made that there is but few who are honestly entitled who can bring themselves within the letter of your humane instructions. I have been writing to the Department at different times since the 2 of July but have had no answer as yet. Mr. Duncan’s declaration is in the form for the Militia for the following reason he had served as a volunteer 18 months and I intended to embrace both in the one declaration but his memory was so imperfect that we
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we included nothing but his regular service
which can be found in the rolls of the Department

With great Respect I am
Dear Sir your obt servt

James Havis

sent to Knoxville Tennessee

The Endorsement
The Envelope