Revolutionary War Pension and Bounty Land Warrant Application File R. 3,546, for James Tindal, North Carolina
Page 1

SERVICE NUMBER
N.C. Tindal or Tindall, James R. 3,546
Born in N.C.
CONTENTS
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James Tindal appeared in open court, before the Honorable
Superior Court on the first day of July eighteen hundred and
thirty three and in addition this declaration heretofore made
and herewith annexed doth on oath make the following -
That he served three months after the Tories through the Countess
of Dolby [?] Pitts and in the vicinity of [?] River
was at Kingston in North Carolina, under allay or [?]
served as a private - was not under the immediate command of
any of the Regular officers - Gen. William [?] had the
principal control of directing the scouts but never was
present commanding -
This applicant knows of no witness alive by whom
he can prove the services rendered by him.
He was born as before stated, and is 70 years old.
He has no record of his age.
When called into service he lived in Pitt County North
Carolina.
He has resided for the last forty years in Burke County
State of Georgia - and now resides in said county.
He has stated the names of the officers under
whom he served - was at one time camped within
twelve miles of Cornwallis' army - moved off in the
night eight miles to a place of greater safety - that
night a troop of [?] brought in three prisoners -
thinks the [?] was commanded by Captain [?] -
he was a trenchman -
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He is well known to Benjamin Philips and William [?]
of Burke County, who have testified to his character and
veracity, and their belief of his services as a Revolutionary
soldier   Given to and [?] in open court this 1. July 1833
James his X mark Tindal
[?] W. Evans [?]
[?]
L.F. Powell [?]
The Court do hereby certify that the foregoing amendment
to the declaration of James Tindall was by him
this day made in open court -
In testimony whereof [?] can [?]
Clerk John Upatts to a [?] the [?] his [?]
seal; having no seal of office - this 1st day of
July 1833
John Upatts. Clk. [?]
Georgia
Burke County
I John G. Baduly Clerk of the Court of
Ordinary of the county aforesaid do
hereby certify that John Upatts who has signed
the foregoing certificates is and was at the
time of signing the same clerk of the Inferior
Court of Burke County Georgia, and that
his attestation is in due form and entitled
to full faith and credit -
In testimony whereof
I have hereunto set my hand and seal of
office as [?] this second
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day of July eighteen hundred and
thirty three
J.G. Baduly clk
Page 5

James Tindall
21692
21722
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Declaration of James Tindall in order to obtain the benefit of
the Act of Congress passed June 7th. 1832.
State of Georgia
Burke County Ss.
On this seventh day of January
eighteen hundred and thirty three, personally appeared in open
court, before the Justices of the Superior Court of the County of Burke and 
state aforesaid, now sitting, James Tindall a resident of the county aforesaid,
aged about 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 was born in the County of Pitt, State of North
Carolina, the 5th day of February 1763.
That he entered the service of the United States under the
following named officers and served as herein stated.
That he was drafted and entered the service in the County
of Pitt and State of North Carolina under Captain
John Moye, Jesse Moye First Lieutenant, and was under
the command of Major __  Setgraves
That he was in no battle, but served mostly
in scouting parties after the Tories - his discharge was
signed by Major ___ Setgraves and has been destroyed,
the services were rendered in the State North Carolina.
He was drafted at the age of nineteen years.
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He hereby relinquishes every claim whatever 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 and subscribed the day and year aforesaid,
John Watts, Clk. [?]   James his X mark Tindal
Mr William Saxon, a clergyman, residing in the county aforesaid
and Benjamin Philips, residing in the same county, hereby certify
that we are well acquainted with James Tindall, who has subscribed
and sworn to the above declaration; and that we believe him to be
about 70 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 to and subscribed the day and year aforesaid,
John Watts, Clk [?]   Wm Saxon B. Philips
And the said Court do hereby declare their opinion, after
the investigation of the matter, and after [?] 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 William Saxon, who has signed the preceding
certificate, is a clergyman, resident in the County of Burke, and
that Benjamin Philips, who has also signed the same is
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a resident in the County of Burke, and is a credible person; and
that their statement is entitled to credit.
I John Watts Clerk of the Court aforesaid, do hereby
certify that the foregoing contains the original proceedings
of the said matter of the application of James Tindall
for a pension.
In testimony whereof I have hereunto set my hand
and privy seal / there being no seal of office this
seventh day of January eighteen hundred and
thirty three.
John Watts, Clk [?]
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James Tindall
Georgia
No. 21722
Rejected - did not
serve but 3 months
[?]
Waynesboro Ga.
Mulford Marsh
Waynesboro Ga.
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WAR DEPARTMENT,
Pension Office.
April 13 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 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. These 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, shewing the service of James Tindall
[beginning of table]
[first column]
Period when the service was rendered.
Drafted
[second to fourth columns]
Duration of the claimant's service.
Years.
[blank]
Months.
[blank]
Days.
[blank]
[fifth column]
Rank of the claimant.
Pri.
[sixth column]
Names and Rank of the Company officers under whom he served.
Capt. [?] Moye
[seventh column]
Names and Rank of the General and Field officers.
Majr. Setgraves
[eighth column]
Battles in which the applicant was engaged.
[blank]
[ninth column]
Country through which he marched.
[blank]
[tenth column]
Place of abode when he entered the service, and age at the present period.
about 70 years
Pitt Co. No. Ca.
[eleventh column]
Evidence by which the declaration is supported.
Traditionary
[end of table]
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, or District of [blank]
County of [blank] ss.
On this [blank] day of [blank] personally appeared (a) before [blank]
A.B. a resident (b) of [blank] in the county of [blank] and State, Territory or District
of [blank] aged (c) [blank] 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 provision made by the act of Congress, passed
June 7th, 1832. That he enlisted in the Army of the United States in the year (d) [blank], with [blank] and
served in the [blank] (e) regiment of the [blank] 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 [blank]
Sworn to and subscribed the day and year aforesaid. A.B.
{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 [blank] of the Court of [blank]
do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of
the application of [blank] for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this
[blank] day of [blank] &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 [blank] and C.D. residing in (the same)
hereby certify, that we are well acquainted with [blank], who has
subscribed and sworn to the above declaration; that we believe him to be [blank]
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 [blank]
and that C.D., who has also signed the same is a resident in the [blank]
and is a credible person, and that their statement is entitled to credit.
I, [blank] Clerk of the Court of [blank] do hereby certify that the foregoing
contains the original proceedings of the said Court, in the matter of the application of [blank]
for a pension.
In testimony whereof, I have hereunto set my hand and seal
of office, this [blank] day of [blank] &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 the
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.
6. To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given
and what has become of it?
To an Officer. { Did you ever receive a commission, and if 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 the 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 , I served as a ___. For ___ months and ___ days, I served as a ___; 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 civil pursuit.
[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 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.
The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The
proof required by rule in note [j] applies to continental troops only.
[k] 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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James Tindall
Ga
Apr. 13. 33 per Reg.
E.W.
Rejected, See [?] to
Mulford Marsh
Waynesboro
Ga
3546
Act 7 June 1832
Page 14

REJECTED
3546
James Tindall