Revolutionary War Pension and Bounty Land Warrant Application File S. 7,938, James Wilson, N. C.
Page 1


SERVICE
N.C. Wilson, James
Number S. 7938
carded

CONTENTS

In 1760 in Rowan Co. N. C. & res there at enl:
in 1832 Iredell Co, (Rowan) N.C.
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16.315.
North Carolina

James Wilson
Iredell - in the State of N. Car
who was a pr. in the blank commanded by
Captain -[blank]- of the Regt commanded
Col. Davie of the No. Car line for 6 months

Inscribed on the Roll of No Carolina
the rate of 20. Dollars [blank] Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 29 day of July 83
and sent to T. Falls Statesville NC

Arrears to the 4th of March 1833  - - 40
Semi-ant. allowance ending 4 Sept. -10
                                                          $50

Revolutionary Claim,
Act June 7, 1832.

Recorded by [illegible] Rice, Clerk,
Book E Vol 6 Page [illegible]
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9558
James Wilsons 
Declaration
for a pension
[illegible] 4

James Wilson
Page 4

State of North Carolina 
Iredell County
August Seven AD 1832

On the 25 day of August 1832 personally appeared in open Court before a Court of pleas and Quarter Session of said County
now setting, James Wilson a Resident of
Iredell County State of North Carolina aged
72 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.

That he entered as a volunteer under Capt Caldwell Col Locke and general Rutherford for three months, in Rowan County now Iredell County was marched to Charlotte, and
relieved and marched back to Charlotte, and thence to Ramsour's Mill where we arrived the day [illegible] after the battle, returned home and marched to Colsons where they had a skirmish with the tories, was some time in the forks of the Yadkin and from thence to deep River and to Fayetteville, thence to Salsburg and was discharged at Mr [illegible] Mill
next he volunteered for two months service under Capt Caldwell in the Cavalry under Col Davie and performed this tour in Mecklenburg & Lincoln County searching the County for tories, that according to the time proposed at the time these two months in the [illegible]  was to be reckoned as three months. That he has had his discharges and has no documentary evidence and knows of no person by whose testimony he can prove his services except such as are set forth.
He states that in addition to those two tours he was frequently out for a few days at a time in scouting parties, and does believe that altogether
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he was six months or more in actual service
He was born in Rowan now Iredell County in the
year 1760, and has always lived in this County
he has no record of his age, he was called with
service as stated above and served under the officers named above and part of the command of Gen Davidson who fell at the Catawba.  He refers to David Hair and Robert Hair. 
[2 lines marked through] 
He relinquishes every claim to a pension or annuity except the present and declares that his name is not [two lines marked through] on the pension roll or agency of any State. 

Sworn to and subscribed the day and year above written.

James Wilson

A Simonton Clk
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We David and Robert Hair
Residing in the County of Iredell State of North Carolina hereby certify that we are well acquainted with James Wilson who has subscribed and sworn to the above declaration that we believe him to be 72 years of age that he is Reputed and believed in the neighbourhood where he resides, to have been a soldier along the Revolution and thus we concur in that opinion David Hair further saith that he saw James Wilson in the service of the Country at Charlotte, Robert Hair days he saw
James Wilson in the service at Torrences and several other places during the Revolutionary War.

David (his mark) Hair
Robert (his mark) Hair

And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogators 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 David Hair and Robert Hair who has signed the preceding Certificate reside in the County of Iredell State of North Carolina and is credible persons
and that the statement is intitled to credit
J Campbell, Chr

I Absalom Simonton Clerk of the Court of Pleas
and Quarter Session of Iredell County North Carolina do hereby Certify that the foregoing contains the original proceedings of the said Court in the matter of the
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Application of James Wilson
for a pension
In testamony whereof I
have hereunto set my hand and seal of
office this 25th day of August A.D. 1832 ┃
A. Simonton Clk
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James Wilson
N.C.
No 9558
Admit as private 
6 mo - $20.00
[illegible]
Theop Falls
Statesville
NC
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WAR DEPARTMENT.
Pension Office,
Apl 25 1833

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 show what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: }). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your
claim.

A Statement showing the Service of - James Wilson.

Period when the service was rendered. - vol 11

Duration of the claimant's service.
Years - blank
Months. - 3 -2 besides this was out frequently for a few days at a time believed served altogether 6 mons. or more
Days - blank

Rank of the claimant. - Pvt. - Pri. Cav.

Names and Rank of the Company officers under whom he served. - Capt. Caldwell

Names and Rank of the General and Field officers. -Col. Locke, Genl Rutherford, Col. Davie

Battles in which the applicant was engaged - blank

Country though which he marched - blank

Place of abode when he entered the service, and age at the present period. - 72 years, Rowan Co. N. C.

Evidence by which the declaration is supported. - Traditionary

I am, respectfully,
Your obedient servant,

J. 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 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 of District County of
County of [illegible]  
On this       day of      personally appeared (a) before A.B. (b) a resident      in the county of
according to law, doth on his oath make the
following declaration, in order to obtain the benefit of the provion 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. 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.

[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.                    
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 day 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 my 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 these 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 alleged service, as they are known at the Department. A very full account of the services of each person
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3
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 so, 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.
To a Soldier, Did you ever receive a discharge from the service, and if so, by whom was it given and what became of it?
To an Officer, Did you ever receive a commission, and 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 he 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 enquiry 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 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 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. 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,  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 three 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. 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.
[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 was 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
[k] The notes from [a] to [illegible] are all equally applicable to the cases of Militia men, Volunteers and State Troops, The proof required by rule in note applies to continental troops only.
[illegible] 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.
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In reply to your request of _________, received
for a statement of the military history of James Wilsona soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his [marked through or his widow's application for pension on file in this Bureau.  S. File 7938
DATES OF
ENLISTMENT OR
APPOINTMENT.
1780
Oct. 1788
1781
1781.

LENGTH OF
SERVICE.
3 mos
2 "
1/2 "
1

RANK.
Pri
"
"
"
OFFICERS UNDER WHOM SERVICE WAS RENDERED.

CAPTAIN.
Caldwell
Caldwell
Caldwell
Allison

COLONEL.
Locke
Davil
Locke
Paisley

STATE.
N.C.

Battles engaged in, - blank
Residence of soldier at enlistment, - Rowan Co. N. C.
Date of application for pension,  - Aug. 25, 1832.
Residence at date of application, - Iredell (formerly Rowan, Co. N.C.
Age at date of application  - born in 1760 in Rowan Co. N.C.
Remarks: - blank
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1909 Oct. 13. Hist to [illegible] McNinch

Rev War
7938
INVALID
File No. - 7938
James Wilson
Priv Rev. War
Act: - June 7th 1832
Index: Vol. [illegible],  Page 409
[Arrangement of 1870.]
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State of North Carolina
Iredell County 

On this first day of June 1833 personally appeared James Wilson before me the subscribing Justice of the peace in and for said County and first being duly sworn doth upon his oath make the following additional declaration in order to obtain the benefit of the provisions of the act of Congress passed June 7th 1832

That by reason of old age and consequent loss of memory he is not able to swear positively to
the length of his service but according to the
best of his recollection he served not less there
the periods mentioned below and in the
following grades

His first tour was performed a private in
the [illegible] commencing in the year 1780 and was performed as set forth in his declaration  3.00

His second tour was a private in the Cavalry
commencing in October 1780, and performed
as heretofore stated   2.00

In the year 1781 in the early part of the year
he was a volunteer under Capt Caldwell private
[illegible] and Col Locke rendezvous at Salisbury

marched to the neighbourhood of the
Catawba at the true Comwallis crossed
it and was at Torrences at the time of
the Skirmish there [illegible phrase]  - 15

5.15
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brot over              5.15
That in 1781, he was again a volunteer private in Capt Allisons company of foot in his [illegible]
Regiment. The rendezvous at Salisbury whence
he marched to deep River and thence to
Fayetteville and returned to Salisbury     1
And for such service I claim a pension  6.15
Sworn Subscribed this
1st day of June 1833.
before me
Campbell J.P.

James Wilson

I Absalom Simonton Clerk of the Court of pleas
and quarter Sessions of Iredell County do hereby certify that James Campbell before whom the foregoing declaration was made is an acting Justice of the peace in and for said County and that his signature thereto is genuine. In Testimony whereof I have hereunto set my hand and Seal of office at Statesville this 1st day of
June 1833
A. Simonton Clk
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S. S. M'NINCH
CHARLOTTE N. C.
Charlotte, N. C.
Commissioner of Pensions,
Oct. 1, 1909.
Pension Bureau, Revolutionary Period,
Washington, D. C.
Dear Sir:--
Will you kindly furnish me with a
copy of the records of Pensions of the
service of James Wilson, of Rowan County,
N. C. Also of Richard Walton, of Rowan
County, N. C. They served in the Revolutionary
War.
Yours truly,
McNinch