Revolutionary War Pension and Bounty Land Warrant Application File R. 10652, James Towns, N.C.
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N.C.
Towns, James
R 10652
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Revolutionary Pension Claim of
James Townes Dec.d of Georgia
Pr. of atty. for M. Thompson
Fild June 15 1853
papers cal for
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R.A. Waters, Print., D street, Bet. 9th and 10th
POWER OF ATTORNEY - Revolutionary Pension Claims.  Know all Men by these Presents, That I, Samuel Williford of Madison County & State of Georgia in sight of his wife, Martha Williford, formerly Martha Towns daughter of James Towns a revolutionary soldier do hereby constitute and appoint M Thompson of Washington City D.C. my true and lawful Agent and Attorney, to prosecute the Claim of James Towns for any amount of Revolutionary Pension, or Increase of Pension, that may be due; and I hereby authorize my said Agent to examine all the papers and documents in relation to said claim, on file in the Departments at Washington City, or elsewhere; to file additional evidence or arguments; and to receive the Certificate which may be issued for said Claim, which Certificate I wish made payable to James D Williford to appoint one or more substitutes under him for the purposes herein expressed; and to do all things that I might or could do were I personally present.  Hereby ratifying and confirming all that my said Attorney and Agent shall lawfully do in the premises.
Witness my hand and Seal this 18th day of May A.D. 1852
Samuel Williford {Seal}

Signed and Sealed in the presence of
Walter H. Griffith
Britain S Ware J.P.
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Claim of Act of STATE OF COUNTY Be it known, That on this day of A. D., eighteen hundred and fifty before the un- Date of the Peace in and for the said pared a resident of made oath according to law that he is the in said County, and who was a Revolutionary Pensioner at the rate of Dollars per annum; that has been inform his and stating said claim. Sworn to and subscribed, the day and year aforesaid, before me. J. Peace.) 1 Justice of the Peace, in and for said County do hereby certy that who executed the foregoing paper, is a said 1. Clerk of the J. Peace. Court in the County and State aforesaid, do hereby certify that before whom the persecuted as of them, as ordered by law to aministrate to signature. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official Seal, this day of A. D. 1855. Clerk.
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N. 6. Towns, James  R.10652
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State of Georgia County of Madison
Court of Ordinary adjourned Term
October 1, 1832
On this first day of October in the year of our Lord eighteen hundred and thirty two, personally appeared in open court before John Meroney, Noah K Pittman, James Anderson and James Long Justices of the Inferior Court now sitting as a Court of Ordinary
James Towns a resident of Capt. Morgan's company District of Georgia Militia in the County of Madison and State of Georgia aged seventy seven 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 7 1832. That he entered the service of the United States under the following named officers and served as herein stated to wit. He entered as a volunteer in March 1781 as a private under the command of Captain Hunt Macon to show obstruction in the road designed to impede the progress of the British in the march to Guilford Court House North Carolina. He entered the service in Warren County, North Carolina where he then resided.  The British army having taken a different direction from the one anticipated, the volunteers were discharged in a short time but what time they were on duty he does not recollect.  He was afterwards called into service by draft upon a three months tour under the command of Captain White and was transferred to the command of Captain Sessions, the regiment commanded by Col Linton all of North Carolina we joined
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a detachment of Genl Green's army at Chatham Court House in said State and was there stationed as a guard. Having served there about a month, the army was ordered to march to the south and his health being very bad having only partially recovered from a severe spell of sickness employed a substitute by the name of Bord Perry to perform the balance of the tour and received a discharge previous to the duty heretofore detailed. The legislation of North Carolina required the militia of the State to be drafted and clased and that he was assigned to the fourth clas, and by the provision of the same act it was permitted that if twelve drafted men should hire a man to enlist in the regular service that those twelve should be discharged from duty for the term of three years and that he with eleven others availed themselves of that provision and that he has lost those evidences of duty with other useful papers long since.  He has no documentary evidence and he knows of no evidence that he can procure who can testify to his services.  In answer to the interrogatories prescribed by the war department and propounded by the court, he answereth as follows, to wit: Answer to 1st Int:  He was born in Brunswick County Virginia in the month of March 1756
Answer to 2nd Int.  He has no record of his age
Answer to 3d Int.  He was living in Warren County North Carolina when he was called into the service. About twenty five years since he moved to Green County in Georgia and from there to Madison where he now resides.
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Answer to 4th Int.  He was first called into service by draft then as a volunteer and again by draft.
Answer to 5 Int.  As a volunteer I recollect none of the names of officers but Captain Hunt Macon, when upon three months tour.  Colonel Luton's regiment the officers commanding the detachment he cannot recollect. As to the circumstances of the service, it is before mentioned that they were employed as a guard and afterwards marched to the South
Answer to the 6 Int.  He received a discharge first from the officer commanding the fourth class of drafted militia as well as he can recollect whose names he has forgotten from Caption Hunt Macon as a Volunteer, and he thinks from Captain Sessions when he left the regiment at Chatham Court House
Answer to 7 Int.  He refers you to James Long JJC Robert Groves JJC William Sanders CJC Col Gabriel Nash Augustus Crawford and William Meroney of this County Armistead Atkinson and William and Robert Simson of Green County of this State and Frederick Hawk now of the County formerly of Warren County in the State of North Carolina
He hereby relinquishes every claim 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.
Sworn to & subscribed the day and year aforesaid.
James Towns
We Benjamin Brown a clergyman residing in the County of Madison and Frederick Hawk residing in the same hereby certify that we are well acquainted with James Towns who has subscribed and sworn to the above declaration that we believe him to be seventy six years of age and that he is
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1 to Cur ited and beloved in the neighborhood where he resides have been a soldier of the revolution, and that we con in that opinion sworn to subscribed the day and year aforesaid Benj Brown M Book Hans and the said Court do hereby on their opinion after the investigation of the matter and the patting the interogatory 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 Benjamin Brown is a Legyman resident in the County of Madison and that Frederick thou who has also signed the same is a resident of the same and is a credible now and that their statement is entitled to credit John Mery J.S. C Noah W. Pittman James Anderson J.C W. J. J. 13.645 William Sanders Clerk of the Bank of Golian hereby certify that the foregoing contains the original proceedings of the said Court in the matter of application of James Town for a pension. In testimony whereof I have hereunto set my hand and seal of Ordinary's Office this first day of the eighteen hundred and the two William Sandus C.C.C. CH
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Georgia Madison County Amended Declaration of James Towns 
On this third day of August Eighteen hundred and thirty three James Towns personally appeared before me, James Long, one of the Justices of the Inferior Court of Madison County and made oath to the amended declaration as herein Stated to wit, In the first place as regards this being placed in the fourth Class as Stated in his declaration of which this is amendatory he believes it possible that it might have been in the third Class and which to the best of his (now) recollection he believe to be in the year 1778 that twelve persons Including himself hired on Man to serve in the regular service for three years which man was received by the proper authority and the twelth of three years would the three months which term of three months he think himself Justly entitled the service as stated under Capt Hunt Macon in 1781, to the best of his recollection was a month to wit entered in March and discharged in April the service under Capt. White and Capt Sessions as Stated in his declaration in 1781 this service he entered shortly after the battle of Guilford but cannot 1 the day this was a tour of three months service after serving about One Month himself his health was so impaired that he hand a substitute to perform the balance of said service say two Minter and received a full discharge for the three months- Making in all Seven months Service for which he claims a pension he has last all his discharges and all evidences of Service and from the great length of time which has elapsed since said duty was
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performed and the consequent loss of memory from the age this
of the best showing he can make
Sworn to & subscribed before me
this 3d day of August 1833
James Towns
[signature] J.J.L

Georgia
Madison County ⎬ I James Long one of the Justices of the Inferior
Court in and for said County do certify that
James Towns whose name appears to the foregoing amended declaration
appeared before me and made the foregoing affadavit and that it is
reported and believed that he served in the Revolutionary War and
I concur in that opinion and believe that he served as he has
Stated and that he is a credible person given under my hand
this 3d day of August 1833
[signature] J.J.L.

Georgia
Madison County ⎬ I William Sanders Clerk of the Court of Ordinary
do Certify that James Long whose name appears
to the foregoing amended declaration and certificate is one of the
acting Justices of the Inferior Court and Court of Ordinary as therein
Stated that he is a credible person and that good faith & credit is
justly due to his official acts as such given under my hand and
Seal of Ordinary Office this 8th day of August 1833
William Sanders
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James Town -
13.6 HS
10652

Rejected See let 13 Sep 1833 to Wm. Sanders
Danielsville, Ga.
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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 Town 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? No
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
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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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?  (no response)

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'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 to the official character and signature of the magistrate as the regulations direct?   (no response)

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?  (no response)

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? (unable to read answer)

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 recolletion 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.  (all lines were left blank).
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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 pension merely state they served two years in the military, &c. without specifying the tours; 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. 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 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. 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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10,652

JAMES TOWNS

SERVICE: (BLANK)
ENLISTED:  "REJECTED"
DISCHARGED:  "REJECTED"
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James Towns
Ga:
Rejected, See let 13 September 1833 to Wm. Sanders
Danielsville
Ga
Ack 7 June 1832