Revolutionary War Pension and Bounty Land Warrant Application File S. 2938, James Bates, N.C.
Page 1

(3-1776)

SERVICE

NUMBER

N.C.

Bates, James

S. 2938

Carded

CONTENTS
Page 2

19.215

Jonesborough Agency

James Bates

at Sullivan Co. in the State of Tennessee

who was a private in the Company commanded

by Captain Transall of the regt. commanded

by Col. Oneil on the N.C. mila

line for 6 months from 1780

Inscribed on the Roll of Jonesborough Agency

at the rate of 20 Dollars	Cents per annum.

to commence on the 4th day of March, 1831.

Certificate of Pension issued the 16th day of August

1833	and sent to Hon.

John Blair, Jonesborough, Ten.

Arrears to the 4th of March 1833 $40.

Semi-anl. allowance ending 4 Sep ~ 10.

$50.

{Revolutionary Claim,}

{Act June 7, 1832.}

Recorded by Wm S Allison Clerk

Book C Vol. 6 Page 122
Page 3

5695

James Bates

from 1780 private

6 months $20

return

5.13

[illegible] 1.2.5.6. [illegible]

C

Decr 17.	P160.

John Blair

Jonesboro [illegible]
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3693

BRIEF in the case of James Bates

County of Sullivan 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? 71

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

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

Years, Months, Days.	As a	Gen.

Drafted In 1780	About 4	private	Capt. Transall, Col. Oneil

ditto	not Stated	“	Gen. Lincholn

				Col. Hinton

5. In what battles was he engaged? Haw River Whitesell’s Mills

6. Where did he reside when he entered the service? Orange Cty. N.C.

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? [illegible]

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

F. Waugh Examining Clerk.
Page 5

State of Tennessee}

Sullivan Counton} August Sessions 1832

On this 21st day of August 1832 personally appeared in open Court before the Justices of the Court of pleas and Quarter Sessions for said County now sitting, James Bates, a resident of the County and State aforesaid aged seventy one years who first being 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 towit that in the year 1780, he was drafted in orange County North Carolina and Joined the army in Orange County in [illegible] Mar under General Lincholn Col. Oneal Majr. Greens & Capt. Transell, from there he was marched to Charles Town where he remained three months when he was discharged making in all from the time he entered the service about five months, in about two months after he returned home from sd. Town he was again Drafted in same County and state and was Kept in the neighbouring Counties to Keep down the Tories, he states that he was in one battle
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service of the United States under the following named officers and served as herein stated towit that in the year 1780, he was drafted in orange County North Carolina and Joined the army in Orange County in [illegible] Mar under General Lincholn Col. Oneal Majr. Greens & Capt. Transell, from there he was marched to Charles Town where he remained three months when he was discharged making in all from the time he entered the service about five months, in about two months after he returned home from sd. Town he was again Drafted in same County and state and was Kept in the neighbouring Counties to Keep down the Tories, he states that he was in one battle on Haw River at Whitesell’s Mill. At no other particular battle but several skir-mishes, was discharged by Col. Hinton at Santer hills and test the same at Cheraw.
Page 7

He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension rool of the agency of any state.

Sworn to and subscribed in open Court this day & year last before written

his

James x Bates

mark

We James Holt & William Barns, citizens residing in the County of Sullivan and State of Tennessee hereby certify that we are well acquainted with the above James Bates, that we believe him to be seventy one years of age, that he is reported and believed in the neighbourhood where he resides to have been a soldier of the Revolution & that we concur in that opinion.

his

James x Holt

mark

his

William x Barnes

mark

And the said Court do hereby declare their opinion that after an investigation of the above named
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him to be seventy one years of age, that he is reported and believed in the neighbourhood where he resides to have been a soldier of the Revolution & that we concur in that opinion.

his

James x Holt

mark

his

William x Barnes

mark

And the said Court do hereby declare their opinion that after an investigation of the above named case, and after propounding the interrog-atories prescribed by the war Department that the said applicant was a Revolutionary Soldier and served as he has stated in his said Declaration, That James Holt & William Barnes whose depositions are given above are citizens of Sullivan Conty and credible persons & their statement entitled to full credit. It furthermore appears to the Court that there is no resident minister of the Gospel in the vicinity of said applicant.

I Richard Netherland Clerk of the Court of pleas
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5695

James Bates

Pension claim

under act 1832

Pension claim

amended

Jno Blair

Jonesborough

E. Jean
Page 10

and quarter sessions for sd County do hereby certify that the foregoing contains the origin-al proceedings of the Court in the application of James Bates for a pension.

In testimony whereof I have hereunto set my hand & affixed my Seal of office this 21st August 1832.

Richard Netherland Clerk

By G.W. Netherland D Clerk
Page 11

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 Bates 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? Yes

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? 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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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 revolu-tionary service?

2 Citizens

XII. If the cleryman’s affidavit has not been produced, is there any reason assigned for not obtain-ing it? Yes

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? No

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?

No

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? [illegible] 2 56 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 recol-lection 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 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 the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable.

†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 adminis-ter 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 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 im-properly attached to the certificate.

State of Tennessee}

Sullivan County}

On this 4th day of Feby 1833 Personally appeared before me Saml Rhea, an acting Justice of the peace in and for the said County James Bates. The applicant for pension to whose declaration the objections in the foregoing [illegible] are marked in red ink, and after being first duly sworn by me respond & Stated in amendment & explanation of his said declaration that he in his two several engagements served in the Revolutionary war, the term of Six months of which service he is very confident as a private soldier each time & [illegible] the whole term. That in answer to No. 13 of the foregoing he states that there is no witness by whom he can now prove his service
Page 14

And in answer to interrogatories 1.2.6.7 under No. 19. That he was born in the County of Brunswick State of Virignia on the	day of March 1764, that he has no record evidence of his age in his possession. That he was discharged by Col Hinton at Santee Hills South Carolina

James Bates

That James Holt & William Barnes are persons well known to him of his county who have testified as to the veracity & given evidence of their knowledge of his reputed service in the Revolution-ary war. Sworn to & subscribed before me this date first before written.

his

James x Bates

mark

Test

Saml Rhea

James Bates further states that he is confident that when he entered the service in December 1780, he understood his father then to tell him that he was 16 years of age and that he is 68 years old last March instead of seventy one as stated in his original declaration and believes that W Blair who drew up his original declaration misunderstood him as he made the same statement to him that he has now made, to wit that he was 16 years old when he entered the service in Dec. 1780. Sworn and Subscribed this 4th day of Feby 1833

his

James x Bates

mark.

Test

Saml. Rhea, J. Peace

See certificate to original declaration for Official character of Esq. Rhea
Page 15

Rev War

2938

INVALID.

[illegible]

File No. 2938

James Bates

Pvt. N.C. Mila

Act: June 7732

Index:-Vol. A, Page 14

[Arrangement of 1870.]
Page 16

S

James Bates

amended Statement

for

Jonesborough agency

sent

By John Blair

For applicant
Page 17

Samuel Rhea Esqr whose attestation is to the amended statement of James Bates to which I have attached this, is known to me to be an acting Justice of the peace for Sullivan County this signature genuine

August 7th 1833

John Blair

M.C 1st District Tenn