Revolutionary War Pension and Bounty Land Warrant Application File R. 2031, John Clayton, S.C.
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( 3-1776 ) SERVICE S.C. Clayton , John Hannah  NUMBER R 2031
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Declaration in order to obtain the benefit of the act of Congress of the 7th July 1838  entitled " An act granting half pay and pensions to certain widows " and an act  approved the twenty third day of August , eighteen hundred and forty two, amendatory thereof  , and a resolution approved the sixteenth day of August eighteen hundred and  forty two, entitled " A resolution  declarative of the Pension Act of July seventh  eighteen hundred and thirty eight  "  and the act of the third March eighteen hundred and fort three    granting one year's pay  and pensions to certain widows, and  the act of the seventeenth June eighteen hundred and forty fur   continuing certain persons on the Pension  roll four years longer.  [ State of Tennessee Monroe County ] On this eighth  (8) day of April  1845 personally appeared before me Alexander Sloan  an actin Justice of the peace, and one of the Justices of the County  Court of said County  Hannah Clayton  a resident of  the  County and State aforesaid, no in the seventy sixth  ( 76 )  year of age, who being first duly sworn according to law , doth on her oath make the following declaration , in order to obtain the benefit of the Act of Congress passed the 7th  July  1838 , entitled " An act   granting half pay and pensions to certain widows "  and an  act approved the 23rd day of August  1848  . amendatory thereof , and a resolution approved the 16th day of August 1848 , entitled A resolution declaration of the Pension Act of July 7th  1838 , and the act of the 3rd March  1843  granting one year's pay  and pensions to certain widows, and the act of the 17th June 1844 , continuing  certain persons on the Pension roll four years longer; That she is widow of John Clayton who was a Lieutenant in a company of South Carolina State Troops under the command of Capt. Motley of Greenville District and in a Regiment commanded by Colonel Earle of said District; her husband
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the said John Clayton entered his Country's service soon after the commencement of the Revolutionary  War  to wit,  early in the year 1776 and continued in service at  different times as in his lifetime he has often relate to the said Hannah Clayton  until after the capture of Cornwallis in the fall of  1781  and she verily believes that her husband served as aforesaid  in said company and Regiment , at different periods more than two years, between the date of his entering the service and of his leaving it., and  that she relies on her late husband's statements to her in his lifetime  for the truth of her declaration  , that his service was principally  rendered in the  Carolinas  and mostly in the country immediately around  Earl's  Fort on  North Pacolet river, that owing to her great loss of memory  and infirmities of age, she is unable  to name any other officers with whom her husband served, or to relate  minutely the particular incidents of his  service , she has heard him  rehears, or to state the countries through which he marched or the engagements  & skirmishes he was in , but that she  remembers to have heard him say that he was in active service during the second invasion of the  Carolinas by the British in the years 1780 and 1781 , that she knows of no living witness by whom she can prove the service of her husband,, nor  has she any written or documentary evidence in her possession to establish the fact, that about the year 1809  her husband's mill on  War Creek  in  Hawkins County , Tennessee where he ten resided was washed away  and all his books and papers being in the mill, including the evidence of his service  in the Revolutionary  War  were lost and destroyed. She further  declares that  she was married to the said John Clayton on the  __ day of  __ in the year  seventeen hundred and eighty eight in  Greenville District S.C.  , that he husband  the aforesaid John Clayton died on the fifteenth ( 15th )  of November , eighteen hundred and
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twenty eight ( 1828 )  then aged about  ninety four years ( 94 )  that she was not married to  him prior to his leaving the service , but that the marriage took  place previous to the first day of January  seventeen hundred and ninety four ( 1794 )  , to wit, at the time above stated. Sworn  to and subscribed the day and year above written  before me  Alex Sloan ( signed / sealed ) a Justice of the peace Hannah Clayton ( her mark X )  [ State of Tennessee Monroe County ]  I, James Divine , a resident of the County and State aforesaid , now in  the fifty second  year of my age, do hereby certify that I formerly resided in  Greenville District South Carolina and was there acquainted with John Clayton , the husband of Hannah Clayton , who  has sworn to and subscribed the above declaration , that  at the time of  my first acquaintance  with them , to wit, about the year eighteen hundred and three ( 1803 )  to aforesaid  Hannah Clayton was  reputed and believed to be the lawful wife  of the said John Clayton , that he was reputed and believed in the neighborhood in which he ten resided  in  Greenville District  S.  Carolina, to have been a revolutionary soldier and the I concur in that opinion, that I was  acquainted with him at the time of his death in Monroe County Tennessee i  1828 , believe  him to have  been 94 years of age & know  that his death is correctly set forth  in the above declaration  and I further certify that the aforesaid John Clayton was a man of truth  and intelligence, that she said Hannah Clayton  is a person of intelligence & credibility  & I believe her to be seventy six years of age . Sworn to  & subscribed this 9th day of April 1845 before me  Alex. Sloan ( signed / sealed ) a Justice of the peace James Divine ( signed )
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[ State of Tennessee Monroe County   ] ss.  I, Lucinda Avans  a resident of the County of Monroe and State of  Tennessee , an mow  sixty eight years of age , and a sister of Hannah Clayton , the widow of John Clayton late of said County . I am not either directly or indirectly  interested in the result of the application of my sister for a Pension under the act of July 7th 1838 , granting half pay  & pensions to certain widows. I was not present at the celebration of the marriage of my sister  Hannah Clayton , formerly Hannah Kyle &  John Clayton, but  believe they were lawfully married and the family  connections always so understood them to have been legally married agreeably to the laws of the State of South Carolina . I knew the said John Clayton in  Greenville District  South Carolina and he was there reputed to have been a Lieutenant  in the  Revolutionary war, and I concur in that opinion. I knew the above named Hannah Clayton to have been  the reputed lawful wife of the said John Clayton & his widow, and believe she is seventy six years of age. Sworn to  and subscribed before me this 10th day of April 1845 . Alex Sloan ( signed / sealed ) a Justice of the peace  Lucinda Avans ( her mark X )  [ State of Tennessee Monroe County ] ss. I, Alexander Sloan , , an acting Justice of the peace and one of the Justices of the County Court for said County and State before whom the foregoing declaration  of Hannah Clayton and the affidavits of James Divine and Lucinda Evans  was made and sworn to at the time they   each  bear date, do hereby certify that in my opinion  the said Hannah Clayton , form bodily infirmity  would be
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unable to appear in open Court to make her declaration , that she is  an intelligent and credible person  & reputed to have been the wife of John Clayton deceased. And I further certify that I was well acquainted with  the said John Clayton  before and at the time of his death, that he was generally reputed and believed in the neighborhood  in  which he resided to have been a Revolutionary soldier and served as his widow states, and I concur in that opinion., that I believe  him to have been ninety four years of age at the time of his death and that his widow is now seventy six years of age & that  the date of his death is correctly  given by the widow. And  I further certify that I am personally  well acquainted with James Divine  and Lucinda Avans above named, that they are credible and intelligent persons  & full credit ought to be given to their testimony. And I further certify that  the  John Clayton  above named is the same person to whom the Legislature of the State of Tennessee by a special  Act passed about the second ( 2nd )  day of December eighteen hundred and twenty five ( 1825 )  granted a tract of Land containing one hundred and sixty  acres in the Hiwassee District , which said land lies in the  12th  Civil District of Monroe County ,  on the waters of Natche Creek and that the  said grant was made to him in consequence of his  Revolutionary services. Given under my hand  this 10th  day of April 1845. Alex. Sloan ( signed / sealed ) a Justice of the peace  in  & for said County .,etc.
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" An Act for the benefit of John Clayton "  Be it enacted by the General Assembly of the State of Tennessee  that the  entry taker of the Hiwassee District be and he is  hereby authorized and empowered to receive from John Clayton a location  for one quarter section of land , in   range third, township second, north west quarter  eighteen , east of the meridian in the Hiwassee District to which quarter section  of land, said Clayton shall be entitle to , by paying to the entry taker, only the fees of office, any law , usage or custom to the  contrary notwithstanding. Wm. Brady  Speaker of the House of Representatives R.C. Foster Speaker of the  Senate Passed  December 2nd 1825 "                                          [ State of Tennessee Monroe County ] ss. I, John A. Stephens  clerk of the County Court  for the County and State aforesaid  do hereby certify that the foregoing  is a true  and exact copy of  " An Act  for the benefit of John Clayton " passed by the Legislature of the  State of Tennessee, December 2nd  1825 , as taken from the published acts for that year, page 296, Chapter 378 . Witness, John A. Stephens  Clerk of the County   Court for the County   & State aforesaid , at office in Madisonville, this 15th day of April 1845. John A Stephens ( signed ) clerk
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[ State of Tennessee Monroe County ] ss.  I, Lucinda Avans, a resident of the County  and State aforesaid , aged sixty eight years , do hereby certify that  I was personally acquainted with  John Clayton, late of  said County  and formerly of Greenville District  So Ca., and with his widow , Hannah Clayton , formerly  Hannah Kyle, my sister since my earliest recollection  - that  the said John Clayton  & Hannah Kyle  were married Greenville District when I was eleven years of age, to wit,  in the year  seventeen hundred and  eighty eight  , that I did not witness the Celebration of the Rites of Matrimony  between the aforesaid   John Clayton & my sister, Hannah Kyle , being absent from home at the time of the marriage, but it was always understood  & believed in the family  and neighbors a part of whom  agreeably   to the  Laws of the  State of South Carolina, and I believe they were so married at the time above stated. And I further certify that John Clayton & Hannah Clayton  were living together as man and wife at ta period previous to the first day of January  1794, to wit, at the time above stated, and continued to live together as man and wife  until the death  of  the said John Clayton in the year  1828. Lucinda Avans ( her mark X ) Witness F.M.  Flood ( signed ) Sworn to and subscribed before me this 12 day of August 1845. John Cox ( signed / sealed )  J.P.  for Monroe Co. Te.  [ State of Tennessee Monroe County ] I, John Cox an acting Justice of the peace and one of the Justices of the County Court in and for the County  and State aforesaid  do hereby certify that  I am personally acquainted with Lucinda Aavans who has  this day sworn to and subscribed the above certificate
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before me , that she is a credible  and intelligent person  & a woman of strict veracity  and that full credit  ought to be given her testimony. Given under my hand  this 12 day of August 1845. John Cox ( signed / sealed )  A Justice of the peace for Monroe County   [ State of Tennessee Monroe County ] ss. I, John A. Stephens  Clerk of the County  Court  and for the  County & State  aforesaid do hereby certify that  John Cox  is  & was  an acting Justice of the peace  & one of the Justices  of said Court, duly commissioned  and qualified , at the time of the date of the preceding  certificate of Lucinda Avans  & the said John Cox   Esq.  & that his signature above  written is genuine.  Given under my hand  and the seal of the said Court at office in Madisonville, this 13th day of August  1845. John A. Stephens ( signed / sealed )  clerk  [ State of Tennessee Monroe County ] ss. I John Carson , presiding Justice of the County Court  in and for the County  & State aforesaid  do hereby certify that   John A. Stephens is the Clerk of said Court  , duly  elected  & qualified  & that his signature above written  &  the seal of said County  affixed to his certificates are genuine Given under my hand  this  13th day of August 1845. John Carson ( signed  ) Presiding Justice
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No 11896
Hannah Clayton
Widow of John
Ten
act 7 July 1838
2031
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Maryville Blount Co. Te. April 25th 1845  J. L. Edwards Esq. Sir, We herewith enclose a declaration  for , and the evidence in a claim  of Hannah Clayton of Monroe County  Te., In an application for a pension under the  Act of  July 7th  1838  as the widow of a Lieutenant. There can be no doubt of her husband having served in some capacity  and in the  State of South Carolina , but it may be possible she has mistaken the description of services as she was not married to him  till after the close of the war. Two facts which we took down in  a rough draft, we entirely overlooked in writing  out her declaration  and the evidence of Mrs. Lucinda Avans . Mrs. Clayton  instructed us to say in her declaration  " that her husband's family  Record was lost and destroyed in the same manner as the evidence of his service; that the  Bible  in which it was had been removed , but  so much defaced that that it could not be read. " Mrs. Avans  stated "  that although she did not see her sister  married, being absent from home at the time, " yet she had evidence to believe that the marriage took place at the time mentioned by Mrs. Clayton, to wit, in the year  1788 ; and that it was  owing entirely  to an oversight in viz  that these facts were not incorporated into the declaration of Mrs. Clayton & the evidence of  Mrs. Avans  which was not discovered until too  late to rectify. The eldest child of Mrs. Clayton - Mrs. Webb is now  in her 54th year , and reputed to have been born in lawful wedlock  and consequently the marriage must have taken place  previous to the 1st of  January  1794.
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Mrs. Clayton is very infirm  , being afflicted with dropsy  of the  abdomen  and poverty presses heavily upon he  making her infirmities and afflictions more intolerable. She resides with he son -in-law , Martin Webb, who is in rather indigent circumstances. We are  instructed to say that the reason Mrs. Clayton  has not heretofore applied for the benefits of the act of 1848  herself and family were of the opinion  that the  argue of a quarter section of land by the Legislature of  Tennessee to her  husband  closed the claim of a widow. You are perhaps advised  of the organization  of the Judiciary of Tennessee , but it   may not be open  for us to remark that  the  County Courts are the only Courts in the State that use a seal . The Justices of the  Peace for the County are elected, by the people  in each civil  District, to serve for six years, are commissioned by the Governor - have the power  to administer oaths celebrate marriages- the power of  fine and imprisonment - jurisdiction  in civil suits in sum to the amount of  $50 dollars and keep a record of their proceedings. They are also  Justices of the County Court and elect one of their number to preside, and the clerk of said  Court by law  is required  to certify to  the official character  and affix  the County seal to any of  their official acts as  Justices of the Peace or Justices of the said Court., hence we have  supposed that declarations  where the declarant  was unable to appear  in open Court , and evidence in Pension claims  might be  taken before them, agreeably  to the regulations  prescribed by the  Executive  of the United States . It would be impossible to procure the attendance of  witnesses in many cases in open Court , and those whose
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claims are really good, and whose condition requires the  aid of private charity , or the successful  assertion of their rights from  Government , would otherwise be  left without  relief or any means of establishing their claims. If it is desirable  that the character of the Attorneys for claimants should be known  at the Pension Office , we would refer to the  Hon. Joseph L Williams and John F. Gillespy  Esq.s  , both of whom we believe are now in  Washington City , and with both of whom we are individually acquainted. Respectfully  Montgomery  & William  McLeer ( signed )  J. L. Edwards Esq. Commissioner of Pensions Washington City  D.C.
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Maryville, Te. August 12/45 James L. Edwards  Esq.  Com. of Pensions  Sir, Herewith enclosed we return the papers of Mrs. Clayton  & Mrs. Eubanks  passed  & approved in open Court. Also  we wend you  a certified  copy from  the records of the office of the Comptroller General of South Carolina , of an original settlement  certificate  issued to Mr. John Clayton which appears to remain  unliquidated. On looking over the claim  of Mrs. Clayton we discover in the certificate of Mrs. Avans , that we omitted in the preparation of her certificate to give the date of the marriage. This was an over sight as and will be  remedied in a few days. Mrs. Clayton  is ow dead. If we mistake not she died on the 20th  July  1845 in the A.M.  Very Respectfully , M & W McLeer ( signed )   Jaes L Edwards Esq. Com. of Pensions  Washington  D.C.  In the claim of Mrs. Eubanks other evidence will be furnished as soon as it can be had. M & W McLeer ( signed )
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No. 11893
Hannah Clayton
Ten
Let to [illegible] Mc Tier June
21. 1845
Let to same Sept 24: 45

These two 
letters are
in claim
of Katherine 
widow of 
John Eubank
R 3378
these also refer to it - 

[there is a statement that has been struck out which has not been transcribed]
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Comptroller Genls Office
Columbia So. Ca. July 31"/45

Book X
Indent 3473}  Issued the 2d of August 1786  To Mr John Clayton for
Twenty one pounds, nineteen shillings and three
pence one farthing Sterlig  Duty in Roebucks Regin't
pr acct audit
Principal £21:19:3 1/4
Annl Inter £
I certify the above to be a true copy from the Records in this Office
For Comptroller Gen.
[illegible]
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REJECTED
2031
____________________
P.O.
Hannah Clayton
Service:

Enlisted:                  , 18
Discharged:            , 18
Application filed:   , 18

Alleges:  

Re-enlisted:


Attorney: 
P. O. _
_____Recognized.   _____Contract.
Cert.  of  Dis.        Searched for       , 18
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[ State of Tennessee Monroe County ] ss. County Court , August  Session  1845  On this the  4th day of August  1845  came  Hannah Clayton of the said County by her attorneys into open  Court  now sitting for ordinary purposes, and submitted to the   Worshipful, the County Court   for our said County of Monroe and State aforesaid, for its approval , the proceedings  had  and done before  Alexander Sloan  Esq. , one of the Justices of said Court, on a claim of the said Hannah Clayton for a pension under the Acts of Congress of the 7 July  1838 , and of  the 3rd March 1843, and of the  17th June  1844  - and  after due  consideration the said  recited proceedings  were approved by the Court and ordered that the same be admitted to record and certified accordingly. I, John  A. Stephens  clerk of the County Court  for the  Conty & State aforesaid do hereby certify that the foregoing  contain s the original proceedings of the said Court in the matter of  the  application of  Hannah Clayton for a pension. In testimony whereof I have hereunto set my hand and  affixed  my seal of office this 4th day of August 1845. John A. Stephens ( signed / sealed ) clerk  Approved in open Court  this 4th day of August  1845. John Carson ( signed ) Chrman.  John P Cole ( signed ) Wm. Williams ( signed ) Esquires and Justices of the County Court for the County  and State aforesaid .
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[ State of Tennessee Monroe County ] ss. I, George Snider  Senr. , a minister of the Gospel  residing in the  County aforesaid do hereby certify that I am personally well acquainted with  Hannah Clayton  that she is an intelligent  and credible person and a  woman of irreproachable character. Sworn to  and  subscribed before me this 15th day of April  1845. George Snider ( signed ) George Snider ( signed/ sealed ) a Justice of the  peace  [ State of Tennessee Monroe County  ] ss. I George Snider , Jr. do hereby certify that  George Snider Senr.  who has this day  made and sworn to the above certificate is a respectable minister  of the Gospel  residing in said County . Given under my hand this  15th  day of April  1845. George Snider Jr. ( signed / sealed ) a Justice of the peace in and for said County [ State of Tennessee Monroe County ] ss/ I John A. Stephens  Clerk of the County Court  of the County   and State aforesaid do hereby certify  that Alexander Sloan is a Justice of the peace in and for said County  and one of the Justices of the County Court and  State aforesaid , duly commission-
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ed and qualified  and that his commission was dated on the  21st day of March  1848  and will expire on the 21st day of  March  1848 , and that his signature  above written is genuine, And I further certify that George Snider is a Justice of the peace & one of the Justices of the County Court  , duly commissioned and  qualified and that his commission  was dated on the  21st day of March 1848  and will expire on the  21st day of March 1848  and that his signature above written is genuine.  Given under my hand and the seal of the said County  this 16th day of April 1845. John A. Stephens ( signed / sealed ) clerk [ State of Tennessee Monroe County ] I John Carson , presiding Justice of the County Court  and State aforesaid do hereby certify that  John A. Stephens  is the Clerk of said Court , duly elected and qualified as such , and that full faith and credit are due all his official acts. Given under my hand  this 16th day of April 1845. John Carson ( signed / sealed ) Chairman of the County Court for  Monroe County  , Te.
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Aug 27, 1848.
[illegible] Te  case
Hannah Clayton

Aug 30 45

Revy Maryville Te}
August 11th          }

Paid 10

James L.  Edwards Esq
Commissioner of Pensions
Washington City
D. C.
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Maryville, Ten. Aug 16th / 45 James L Edwards Esq.  Sir, Enclosed you will find the certificate of Mrs. Lucinda Avans establishing the date of the year of the marriage of Mr. John Clayton & Hannah  Clayton  which date  was casually written in her certificate accompanying  the original papers of Mrs. Clayton ,  and which omission  was not noticed by s intime to rectify. This is the best evidence at present known to us , " the nature of the case will allow " and we  trust will be entirely satisfactory. Very Respectfully , Montgomery & William McLeer ( signed ) Attorneys of Mrs. Clayton