Revolutionary War Pension and Bounty Land Warrant Application File S. 7,145, for James Lee, North Carolina
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(3 - 1776)
SERVICE
N.C.
S. C
Lee James
S. 7145
carded
CONTENTS
This Envelope Includes
FINAL PAYMENT VOUCHER
Received from GAO
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4315
North Carolina
James Lee
New Hanover in the State of N. Car.
who was a pri in the Comp commanded
by Captain Foy of the Reg commanded
by Lytle in the [illegible] * line or 2 years from 1775
M & S 6 June [illegible] 
Records Completed
Inscribed on the Roll of North Carolina
at the rate of 80 - Dollars - Cents per annum
to commence on the 4th day of March 1831.
Certificate of Pension issued the 15th day of Jan: '33 and sent to Hon. McKay House Reps.
Arrears to 4th of Sept 1832 120-
Semi-anl. allowance ending 4 Mar 40-
---
$160
{Revolutionary Claim, Act June 7, 1832.}
Recorded by Nathan Rice Clerk
Book D Vol. Page. 35
Order to pay Oct. 1837
Order to pay. 4 Oct 1838
Same 25 Sept 1839
Same 1 Oct 1840
Same 28 Oct 1842
Same 20 Sep 1844
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James Lee
New Hanover 6*
N. C.
[illegible] 
14 16
[illegible] 
[illegible] Hon. W McKay
HB
26 Dec 1832
and Jan 19 1833
Page 4

BRIEF in the case of James Lee
of New Hanover in the State of N.C.
(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? 72 years
4. State his service, as directed in the form annexed.
Period. Vol. In 1775 -
Duration of Service 6 months
Rank As a Pri
Names of General and field Officers under whom he served
Cap Jos Devane, Col Lillington
Period. Drft. In 1775 -
Duration of Service 1 month
Rank As a Pri
Names of General and field Officers under whom he served ----
Period. Vol. In 1775 -
Duration of Service 1 month
Rank As a Pri
Names of General and field Officers under whom he served
Jarrell, Col. Cree
Period. Drft. In  June 1780
Duration of Service 6 months
Rank As a Pri
Names of General and field Officers under whom he served
Col. Foy, Major [illegible]
Period. Drft. Aug 1781
Duration of Service 5 months
Rank As a Pri
Names of General and field Officers under whom he served
Jos Devane, Col Bludworth
Period. Aug 1781 
Duration of Service 1 month
Rank As a Pri
Names of General and field Officers under whom he served
Jos Devane, Col Bludworth
Period. Enlisted  1782
Duration of Service about 11 months
Rank As a Pri
Names of General and field Officers under whom he served
Col. Archibald Lytle
5. In what battles was he engaged? [illegible] Creek Bridge 
6. Where did he reside when he entered the service? North Carolina
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?
8. Are the papers defective as to form or authentication? and if so, in what respect? defective
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
H. H. [illegible] Clerk
Examining Clerk.
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State of North Carolina
New Hanover County
Superior Court of Law
Fall Term 1832
On this the 31st day of October A. D. 1832 personally appeared in open court before the Honorable Robert Strange one of the Judges of the Superior Courts of Law & Equity in and for the State aforesaid now sitting and presiding in the Superior Court of Law for the County of New Hanover, James Lee a resident of said county of New Hanover and State of North Carolina aged about seventy five years, who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefits 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 hereinto stated. 
1.  Under the command of Captain John Devane, Thomas Devane Lieutenant, Archibald Sellars Ensign in a regiment commanded by Col. Lillington, that he does not recollect or cannot pretend to say with certainty what month he entered the service, but it was not very long before the battle at Moore's Creek Bridge and this applicant supposed it was the last of the year 1775, that he does not remember what time or what month he left this service but he thinks he engaged for six months and served out his term, that he was a minute man and he supposes a volunteer, that he was in the battle at Moore's Creek Bridge, where the enemy were defeated and Col. McLeod and a Capt. Campbell were killed, that he rendezvoused at Black River Chapel and marched from thence to Wilmington, from thence to Rockfish Creek about seven miles below Fayetteville then called Cross Creek, from thence back as far as Elizabeth Town in Bladen County, that there he embarked on board a boat and went down ape Fear to the mouth of Black River, thence up Black River to the mouth of Bear Branch and up Bear Branch a short distance where
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Where he landed and marched to Long Creek Bridge from thence to Moore's Creek Bridge where he was employed in making [illegible], that after the battle at Moore's Creek Bridge he was furloughed a few days and went home, that he again rendezvoused in Wilmington and marched over into Brunswick County and encamped at Ortons Mills, from thence to Snow's Point, from thence back to Orton's Mills, from thence to Lockwood Folly and from thence to Wilmington, from Wilmington he took excursions occasionally down along the river, where the enemy had ships of war at that time, that he served with some Continental troops at Rockfish Creek in Cumberland County under Genl. Moore that the same troops were afterwards in Wilmington, this applicant thinks he was discharged in Wilmington, but whether he received a written discharge or not he cannot remember, and if he did, he has lost it*
2.  This applicant entered another team of service in Duplin County having been sent either to go to school that he was drafted for one month and served it out that he cannot recollect the time of entering this month's service neither can he recollect his officers, that he was in no battle, that he marched from Duplin to Jumping Run about two miles from Wilmington where he encamped and remained till the month for which he was drafted was expired and was then discharged.
3. That he entered another term of service under Capt Benjamin Jarrell in a regiment commanded by Col. Cree and Major Mayum, that he cannot recollect his other officers, neither can he recollect the time of entering and leaving this term of service, that when he entered  this tour of service he resided in South Carolina on Little Pedee, that he was drafted for one month and served it out, that he was in no battle during this months term, that he embodied at [illegible] Bay, encamped there where he remained till his term was out and was discharged.
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4. That he entered another term of service under Captain James Foy- Murray Lieutenant, that he cannot remember who commanded the regiment to which his company belonged but John Treadwell was Major, that he entered this tour he thinks in June 1780 and left this service in December 1780 as well as this applicant can ascertain, that when he entered this term of service he resided in New Hanover County on South River, that he was drafted he thinks for six months, that he was in the battle in which Gen. Sumpter was defeated which was this applicants believes two days after Gate's defeat, that he rendezvoused on Cape Fear River near Fayetteville then called Cross Creek, passed over Cape Fear some distance above Cross Creek and marched on and joined in with Gen. Gate's army in their March to South Carolina, that he marched on with Gate's army near to Camden that the day before the battle in which Gen. Gates was defeated he was detached to join Gen. Sumpter's corps but he was placed under other officers and marched up the River, halted to get provisions and was then surprised and defeated by the enemy, from there he marched to Salibury and from there to Hillsborough where he received a furlough and came home, that he then returned to South Carolina and joined a regiment or brigade at [illegible] Hills under Gen. Harrington , put under the command of Captain James Devane, and from thence went in a detachment under Capt. Devane to guard some tories to New bern as far as the Cross Roads in Duplin County at which place he was discharged having served out his tour of six months.
5. That he entered another tour of service under Capt. John Devane, [illegible]  Peter Portivent Lieutenant, John Bluford ensign in a regiment commanded by Col. Thomas
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Thomas Bluworth in August 1781 and left this term of service after the British evacuated Wilmington, this applicants thinks in December 1781, that he resided in New Hanover County when he entered this term of service, that he was a volunteer, but did not engage to serve for any particular length of time, but served this applicants believes as much as five months , that he was in no battle, that his marches were for the most part confined within the limits of New Hanover County, that is business was to keep the enemy who at that time had possession of Wilmington from injuring the inhabitants.
6. Before he performed the last mentioned service he entered a term under Capt. James Devane, John Bludworth Lieutenant, in the first of the Spring of 1781, that he served under Captain James Devane about a fortnight at Half Way Bluff on Long Creek, that from thence he was detached under the command of a Captin Moore to carry some pieces of artillery to Kingston on [illegible] , that at Kingston he was discharged and on his return from home he net some of Cornwallis's army who took some of our men prisoners, but soon released them, he thinks this service amounted to more than a month but is content to claim for that period.
7. That he entered another term of service as a Continental soldier.  Enlisted in the army of the United States in the year 1782 having been hired by several men who were required by law to furnish a soldier or stand a draft, that he served in the __ regiment of the North Carolina line under the following named officers: Gen. Greene, Col. Archibald Lytle, Major Blount, Capt. Raiford- Compaine 1st Lieutenant- Fenner 2nd Lieut., that he left this service in July 1783, that he engaged for eighteen months, and continued in service about eleven months, that was in no battle, that he rendezvoused
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[illegible]  [illegible]  in Wilmington and marched from thence to Ashley River in South Carolina where he joined Gen. Greene's army, that he remained there till the British left Charleston, that he there upon marched into Charleston, from there to Jame's Island where he took up winter quarters, from there to Hadley's Point on Fort Moultrie near Charleston, that he was there furloughed to Wilmington and was then discharged in July 1783.  He served with the 1st regiment of the North Carolina line under Gen. Moore, and with Gen. Greene's army near Charleston, also with Continental troops under Gen. Gates & Sumter, the regular officers he knew were Gen. Moore, Gen. Greene, Gen. Gates, Gen. Sumter, Col. Lytle, Major Blount, Capt. Clement Hall, Capt. Joseph Rhodes, Capt. [illegible] , Curtis Ivey, Lieutenant or ensign, Capt. Hardy Holmes, Capt. William Lytle, Lieutenants Campaine & Fenner whom he now recollects that he has no documentary evidence but thinks he can prove a good part of his services by Capt. James Devane.
He hereby relinquished every claim whatever to a pension or annuity except thie present, and declared that his name is not on the Pension roll of the agency of any State.
Sworn to & subscribed the day & year aforesaid *The aforesaid applicant served awhile under Capt. Thomas Devane in Wilmington before he performed the months service for which he was drafted in Duplin, but cannot pretend to say what was the length of the service but does not tthink it exceeded one month, that he had almost entirely forgotten this service till reminded of one circumstance that [illegible]  in the home by Capt. James Devane.
James Lee
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State of North Carolina New Hanover County
Superior Court of Law
Fall Term 1832
On the 31st day of October A. D. 1832 personally appeared before the Honorable Robert Strange one of the judges of the Superior Courts of Law & Equity for the State aforesaid now sitting and presiding in the Superior Court of Law for the county of New Hanover aforesaid James Devane a resident of the said County of New Hanover, who being first duly sworn according to law doth on his oath he is well acquainted with James Lee the aforesaid applicant, that he knew the said applicant before the Revolutionary War and served with him in a six month tour of duty as a minute man under Capt. John Devane Lieut, Thomas Devane Lieutenant Archibald Sellars ensign in a regiment under the command of Col. Lillington, in the last of 1775 and first of 1776; that this deponentand the aforesaid applicant were at the battle at Moore's Creek Bridge that their marches were from these places of rendezvous at Black River Chapel to Wilmington from thence to Rockfish Creek in Cumberland County, from thence to Elizabeth Town in Bladin County from thence down Cape Fear and up Black River by water to Bear Branch where they disembarked and marched to Long Creek, thence to Moore's Creek Bridge, where upon the battle too place.  After the battle he was furloughed a few days & rendezvoused again in Wilmington and marched thence to Orton's Mills in Brunswick County where this deponent left this service and entered into service in the public gun works.  This deponent further maketh oath & says that he knew that the said applicant served a short time under this deponent, that he was also in service under Capt.
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John Devane [illegible]  which the British had possession of Wilmington, and that the said applicant came to Gen. Harrington's army encamped on Pedee opposite Cheraw Mills and the said James Lee was by order of Gen. Harrington put under the command of this deponent and this deponent procured a discharge for the said applicant from Gen. Harrington for a six months tour of service, which the said applicant made appear to Gen. Harrington he had served under other officers, and this deponent believes that the said applicant performed the other services stated in his declaration.
Sworn & subscribed the day & year aforesaid.
James Devane
Answers to questions by the county to James Lee the aforesaid applicant
1. I was born as near as I can ascertain in 1760 in New Hanover County on Black River.
2. I have no record of my age
3. I lived when I entered my respective terms of service as stated in my declaration.
4. Sometimes drafted & sometimes volunteered as I've stated. 
5.--
6. --
7. Enoch Herring, Robert Murphy, Baily Sutton, George Fennell, George Bannerman, John Kerr & others I could name.
We Owen Fannell and Thomas Devane residing in the county of New Hanover hereby certify that we are well acquainted with James Lee, who has subscribed and sworn to the above declaration, that we believe him to be seventy two 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 & subscribed the day & year aforesaid.
Owen Fennell
Thomas Devane
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And the said court hereby declares it his opinion after the investigation of the matter and after pulling 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 the court that Owen Fennell & Thomas Devane who have signed the preceding certificates are residents of New Hanover County and credible persons and that their statement is entitled to credit.  The court further certifies that it appears to the court that the aforesaid applicant resides at the distance of forty miles from the court House and cannot without inconvenience procure a Clergyman from that neighborhood to attend court.
I Thomas H. Wright Clerk of the Superior Court of Law for the County of New Hanover do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of James Lee for a pension.
In testimony where of I have hereunto set my hand & seal of office at Wilmington the 31st day of October 1832 and in the 57th year of American Independence
Thos. H. Wright Clerk
I was personally acquainted with James Devane for many years. He was a gentleman of faith, standing and every [illegible]  could be [illegible]  on his statements.
William R. King
James Lee's Declaration above to obtain a pension for Revolutionary services under an act of Congress passed June 7th 1832.
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No. 3213
NC
James Lee
Executor of per Act 7th June 1832
$20.89/00
North Carolina Roll
Feby 23rd 1847
Reg No. 386 dated 25th sent to Treasury 26th February 1847.
Page 14

The United States D
To Peyton Lee, Executor of James Lee, deceased, pensioner on the North Carolina Roll per Act of June 1832. For his pension from 4th September 1844 to the 7th December 1844 the day of his death being three months and four days at Eighty dollars per annum, as per Vouchers filed herewith.
$20.89/00
Treasury Department
3rd Auditors Office
Stated Feby 23rd 1847
by Wm. Tyson
FINAL PAYMENT VOUCHER Received from GAO
Treasury Department
Second Comptroller's Office
Feby 2[illegible]  1846
[illegible]  by Wm. Flinn
Page 15

Know all men by these presents that I Peyton Lee, Executor of James Lee deceased of New Hanover County, N. C. a Revolutionary Pensioner of the United States hereby constitute and appoint John McRae of Fayetville N. C. my true and lawful attorney for me and in my name as Executor foresaid to receive from the Agent of the United States for paying pensions in Fayetteville, State of North Carolina, the amount of pension due said James Lee deceased from the 4th day of September 1844 to the 7th dat if December 844, being the day of his death. Witness my hand and seal this the 10th day of September A.D. 1846 [illegible]  and delivered in presence.
Peyton Leee Seal
Patrick Murphy
Before me Jno. A Peyton J.P.
State of North Carolina New Hanover County ss
Be it known, that o the 10th day of September A. D. 1846 before the subscriber a Justice of the Peace in and for said county, personally appeared Peyton Lee Executor of James Lee deceased above named and acknowledged the foregoing Power of Attorney to be his act and deed.  In testimony where of I have hereunto set my hand, the day and year last above mentioned.
Jno. A Peyton J. P.
FINAL PAYMENT VOUCHER
Received from GAO
Page 16

State of North Carolina
New Hanover County ss
At the court of Pleas and Quarter Sessions begun and held for the county of New Hanover at the Court House in the Town of Wilmington on the second Monday of September A. D. 1846 One thousand eight hundred and forty six.  Satisfactory evidence was produced to the said court, that James Lee a Revolutionary Pensioner of the United States, late of said county of New Hanover, died on or about the 7th day of December 1844, leaving now widow but a last Will and Testament, and that Peyton Lee whose signature appears to the foregoing Power of Attorney is the Executor of said James Lee decd.
In testimony where of I have hereunto set my hand and seal of office, and I do further certify that John A. Taylor whose signatures appear to the foregoing power of Attorney and acknowledgement is a Magistrate of said county, and that said sinatures are genuine This the 16th day of Septr. 1846
L. H. Marsteller 
Clerk of New Hanover County Court
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State of North Carolina
Cumberland County
Be it known that on the 9th day of Feby 1847 before the subscriber a Justice of the Peace in & for said county personally appeared John McRae the Attorney named in the foregoing Powe of Attorney, and made oath that the same was not given him by reason of any sale, transfer or mortgage of the pension or arrears of pension therein authorized to be rec'd. by him.
Sworn & subscribed before me.
John [illegible] 
DG MacRae [illegible] 
FINAL PAYMENT VOUCHER
Received from GAO
Page 18

April 19, 1933
XXXXX
James Lee, S. 7145
BA-J/MOS
Mrs. Pearl Lea McPherson
120 Jefferson Bldg.
Greensboro
North Carolina
Dear Madam:
Reference is made to your letter of April 12th requesting information in regard to James Lee, a soldier of the Revolution.
The James Lee of North Carolina, who, you state, was pensioned March 4, 1831, at the age of seventy-four, was born in New Hanover
County, North Carolina, and was living there when he applied for pension. He never lived in Caswell County according to the records
of this office.
In order to obtain the date of the last payment of pension of the James Lee referred to above, and the name and address of the person to whom it was paid, it is suggested that you address The
Comptroller General, Records Division, General Accounting Office, Washington, D.C., citing the following data: 
James Lee, 
Certificate #4315, issued January 18, 1833, rate $80 per annum, commenced March
4, 1831, Act of June 7, 1832, North Carolina Agency.
The Revolutionary War records of this office fail to afford any information in regard to a James Lee of Caswell County, North Carolina, or to any James Lea.
Very truly yours
A. D. HILLER
Assistant to Administrator
Page 19

& 1812 Wars Section
[illegible]eel
S. 7145
James
October 13, 1928.
Helen T. Kershaw
513 Justice Street
Hendersonville, North Carolina
Madam
October 12, 1928.
I advise you from the papers in the Revolutionary War pension claim, S. 7145, it appears that James Lee was born
in 1760, near the Black River, in New Hanover County, North Carolina.
He enlisted late in 1775 as a private in Captain
John Devane's Company, in Colonel Lillington's North Carolina Regiment, was in the battle of Moore's Creek Bridge, and served six months.
He then served about one month in Captain Thomas Devane's North Carolina Company.
His next enlistment was while attending school in Duplin County, North Carolina, when he served one month, officers not named.
While living near the Little Pedee River, in South Carolina, he enlisted and served one month in Captain Benjamin Jarrell's Company, in Colonel Oree's South Carolina Regiment.
Page 20

While living in New Hanover County, North Carolina, near the South River, he enlisted in June 1780, in Captain James Foy's North Carolina Company, was in the battle of Fishing Creek, after which he was placed in Captain
James Devane's Company, and served until sometime in December, 1780.
He enlisted early in the spring of 1781, and served about one month in Captains James Devane's and Moore's Companies.
He enlisted in August 1781, in Captain John Devane's Company, in Colonel Thomas Bludworth's North Carolina Regiment, and served until sometime in December 1781.
He enlisted in 1782, in Captain Raiford's Company, in Colonel Archibald Lytle's North Carolina Regiment, and was discharged in July 1783, having served about eleven
months.
He was allowed pension on his application executed October 31, 1832, at which time he was a resident of New Hanover County, North Carolina.
There are no data on file relative to his family.
Respectfully,
E. W. MORGAN
Acting Commissioner.
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120 Jefferson Building
Greensboro, N.C.
April 12, 1933
Bureau of Pensions
Washington, D.C.
Re: Private JAMES LEE, of North Carolina
who served in Revolutionary War and was
pensioned Mar. 4, 1831, at the age of 74.
Gentlemen:
Will you please tell me if the above was from Caswell County, North Carolina, and to whom this pension was paid after his decease, if to any one,
and to what address was the pension sent. The State Records state that Archibald Lytle received army pay for this soldier. This seems to be the only James Lee from North Carolina who was pensioned from the Revolutionary War.
Thanking you for any help you may give me on this, I am
Yours very truly,
Pearl Lea McPherson
Mrs. Pearl Lea McPherson
P.S. This soliter's name probably should have been spelt lea, but it does not appear so on the N.C. records.

RECEIVED
APR 13 1933
MAIL SUB-DIV.
VETS ADM
PENSIONS
Page 22

Hendersonville N.C.
Nov 28th 1927
Dear Mr.Scott:
I am writing to ask if you will please send me James Lee war record (S7145) who was born in New Hanover County, North Carolina in 1760.
Thanking you in advance.
Sincerely yours,
[Mrs.] Helen T. Kershaw
513 Justice St.
Hendersonville, North Carolina
Page 23

Rea Ivan
7145
INVALID
File No. 7145
James Lee
Pri Rev War
Act: June 7th 32
Index:-Vol [illegible], Page 220
[Arrangement of 1870]
Page 24


18th Sept 38
Payments to be made at Fayetville N.C. by the recd. US [illegible] Agent for paying pensioners, in the Agency of North Carolina
FINAL PAYMENT VOUCHER 
Received from GAO
Recorded by [illegible]
Clerk, in Book D. Vol. 5
page 35
Page 25

WAR DEPARTMENT.
Revolutionary Claim.
I certify that in conformity with the Law of the United States, of the 7th June, 1832, James Lee
the State of North Carolina who was a private in the Army of the Revolution
is entitled to receive Eighty dollars and __
cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi=annually, on the 4th of March, and 4th of September, in every year.
Given at the War Office of the United Sates
this 17th day of January
one thousand eight hundred and thirty three,
Lew Cass
Secretary of War.
Examined and
Countersigned.
J L Edwards
FINAL PAYMENT VOUCHER
Received from GAO
Page 26

Fayetteville NC
15 Feb '47
J. McRae
pension case of
Jms. Lee
[illegible]
FINAL PAYMENT VOUCHER
Received from GAO
Page 27

[illegible]
P. Hagner Esq.
Auditor & [illegible]
Washington City
Page 28

Fayetteville N. C.
Feb. 15 "47
Dr Sir
I enclose the Pension papers of the extr. of James Lee decd. for your adjudication.
Very Respectfully & [illegible]
John McRae
FINAL PAYMENT VOUCHER
Received from GAO
Page 29

Pension Office
Fayetteville Sept. 25, 1840
James L Edwards Esq.
Commissioner of Pensions
[illegible]
Envlose herewith for your inspection the following vouchers for payments made to Pensions formally for 12 months - to [illegible] 1832.
James Burns 12 mos. $20
Jacob Byrum 12 mos. 35
James Lee 12 mos. 80
Andrew Peddy 12 mos. 36.66
[illegible]
respectfully 
[illegible] Obt. Servt.
[illegible]
Page 30

Pension Ofice
Fayetteville Oct. 22 1842
J. L. Edwards Esquire
Commissioner of Pensions
Sir:
I enclose for you [illegible] the papers of James Lee a pensioner under the Act of June 1832 as $80 per annum [illegible]  [illegible] on the 11 Sept. 1841
[illegible] Respectfully
[illegible] [illegible]
Jno Huske
[illegible]
Page 31

James Lee
[illegible]
2 years from 1775 [illegible]
$80-
Hon. J McKay 
[illegible]
Page 32

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 Lee
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 amout 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
Page 33

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?
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining 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?
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? No
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? No
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?

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 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 --days, I served as a
and for such service I claim a pension."
Page 34

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 be 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 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.
I have not the least doubt that the papers
are all in the same state in which they
were when they passed through the hand of Clerk of the Court- & that one have since been attached to the Clerks certificate
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