Revolutionary War Pension and Bounty Land Warrant Application File S. 16423, for Thomas James, Maryland
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(3-1776) 
SERVICE | | NUMBER
Md | James, Thomas | S.16423
carded
CONTENTS
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13804
Indiana 13804
Thomas James
Of Rush Co. in the State of Indiana
who was a private in the company commanded
by Captain [illegible] of the ___ commanded
by ___ in the Maryland
line for 6 months
------
Inscribed on the Roll of Indiana
the rate of 20 Dollars - Cents per annum,
commence on the 4th day of March, 1831.
-----
Certificate of Pension issued the 22 day of June
1833 and [illegible]

Arrears to the 4th of March = 40
Semi-amt. allowance ending 4 Sept = 10
[total] $50

Revolutionary Claim,
Act June 7, 1832.

Recorded by Daniel Boyd Clerk,
[illegible] Vol. 7 Page 117
letter to Col Rich
P [illegible] Sept 30 1836
-----
See Letter to E. [illegible]
[illegible] Sept 1839
-----
[illegible]

-----
Paid at the Treasury under 
the act of the 6th April 1838
from 4 March 1838 to 4 Sept
1838. Agt Notified 15 Oct 1839
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Thomas James
enl prvte

Declaration
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State of
Indiana ⎬ Set
Rush County ⎬
On this 8th day of April AD 1833
personally appeared in open Court before the Honourable
the Judges of the Rush Circuit Court now sitting, Thomas
James a resident of the County of Rush and State of
Indiana, aged 76 years, who 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 1838.
That he enlisted in the service of the United
States ^ in what ["company," crossed out], line, or regiment he does recollect, under the following named officers & served as
herein after stated. He enlisted in the year 1776 under Capt Bennett Bussy, Joshua Miles who was the first Lient, and Asel Hitchcock who was the 2d Lient in said army, and Aquila Amos who has the Ensger.
The day of his enlistment he cannot recollect, but it was some time in July in the year 1776. That he does not recollect the names of the Major or any of the field officers of said army, if they were any, but believes that the same name of the Col was Hide, the Christian name he forgets, That he was enlisted for the term
of 6 months, as a private, and he served until
the expiration of said time. At the time of his enlistment, he was a resident of the County of Hartford, in the State of Maryland, and was taken from his residence aforesaid, to the city of Baltimore in said State. That at said city, he 
halted to get himself the necessary accoutrements, and military equipment. From thence he went to the city of Philidelphia in the State of Penns. From there, after making a short stay; he marched with the company
to which he belonged in the State of New Jersey to join the Regular army, the place of rendezvous he does not recollect. He was engaged in a skirmish at Fort Lee & took his retreat from said fort, he was taken a prisoner 
by the British, but under whose Command
the British was, he cannot say. That he was kept prisoner by the British for a short span of time, & they were going to send him to the 
[illeg. gaol?] in New York, but he made his escape. That after his escape, he was taken very
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sick, & continued on, until the army to which he belonged was discharged, The other soldiers, as he thinks, drew their pay, but he drew none whatever, in consequence of the belief of his death. He was in several other skirmishes during the aforesaid enlistment, but where, when, or the name of them he has no recollection.
He says further, that he was drafted, he thinks, in the year 1777 the day or month he does not recollect, as a militia man, in the service of the U States, under what officers, and in what company, line or regiment as they were all strangers, he knows not. He was drafted for 6 months, as a private, & served until the expiration of said time, He resided at the same place as before stated in the foregoing part of this declaration. He was taken from his residence to the city of Baltimore in the State of Maryland, and was kept at said place the whole time of 6 months to guard the city aforesaid, That while there he was engaged in no battles or skirmishes as he believes. He says further, that he has no documentary evidence of any kind whatever of his so service, and knows of no living [illeg.] That there is no clergyman or any other citizen who will stand testify as to that witness, who can testify to his service.
[many words illegible] to his revolutionary service, to having been there [illeg.]
He hardly then questions any 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 in open Court, before Robert Thompson} Clerk of Rush County, 
[signed] Robert Thompson  Clerk
[signed] Thomas James

I Elias Morton Clergyman in the Baptist Church -- and a resident of the County & State aforesaid, hereby certify, that I am ["of the opinion" is crossed out] well acquainted with Thomas James who has sworn to the foregoing ["application" crossed out] declaration  & that I believe him to be of the age stated in said declaration, [more words crossed out]
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["been a real living soldier, and that was in that opinion." -- is crossed out]
[signed] Elias Poston

Sworn to & Subscribed the day 7 year aforesaid, in Open Court before Robt. Thompson} 
[signed] Robert Thompson Clerk}

The Elisha James and Elliott Herndon do certify that we believe that there is no clergy [illeg.] or any other person in the neighborhood of the said Thomas James who can or will testify that to general belief in the neighborhood recollect to his voluntary service. 
[signed] Elliott Herndon
[signed] Elisha James
Sworn to & subscribed to the day and year aforesaid in open Court,
[signed] Robert Thompson Clerk

And the said Court, do hereby certify it to be their opinion that after the investigation of the matter, and after putting the interrogatives prescribed by the department of War. That the above mentioned applicant was a revolutionary soldier, and served as he states. The Court further certifies that it appears to them that Elias Morton is a clergyman of the Baptist Church who has signed the above certificate, & that Elisha James & Elliott Herndon ["signed the above certificate" is crossed out] are residents of Rush County, Indiana and credible persons and that their statement are entitled to credit.

I Robt. Thompson Clerk of rush Circuit Court do hereby certify that the foregoing contains the original proceedings of the Court, in the matter of the application of Thomas James for a pension.
In testimony whereof I have herewith set my hand & seal of office this 8th day of April AD 1833
[signed] Robert Thompson Clerk
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Thomas James
en private
20572
Declaration for a pension.
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State of Indiana}
Rush County}  ss.
On this 14th day of November A.D. 1832 personally appeared in open Court, before [words crossed out]
Elias Poston Judge of the Probate Court of Rush County, now sitting, Thomas James a resident of the County of Rush, and State of Indiana; aged 76 years, who 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 7, 1832.
That he enlisted in the service of the United States under the following named officers, and served as herein stated, that he enlisted aforesaid in the year 1776 under Capt. Bennett Bussy. Joshua White who was the first Lieutenant, and Asel Hitchcocke who was the second Lieutenant of said Army, and Aquila Amos who was the Ensign. That it was some time in July 1776 when he was enlisted; the day he cannot recollect. That he does not recollect the names of ["the Colonel" crossed out], the Major, or any of the field officers, if there were any, but he believes that the name of the Colonel was Hider, the Christian name he cannot recollect. that when he was enlisted, he was a resident of the County of Harford, State of Maryland. That he was taken from his residence aforesaid to the City of Baltimore and State aforesaid. That at the City of Baltimore he stopped to get himself the company accoutrements, and military equipment, and from there he went to the City of Philadelphia, in the State of Pennsylvania, from there after making a short stay, he marched with company to which he belonged
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in the State of New Jersey to join the Regular Army, but this place of Rendezvous he does not recollect. That he was in a Skirmish at Fort Lee, and on his retreat from said Fort, he was taken a prisoner, by the British, but under whose command the Army of British, at that time was he cannot tell. That the British kept him prisoner for a short period of time and was going to send him to the jail in New York, but he escaped. That after his escape he was taken very sick, and continued so when the Army to which he belonged, was discharged. The other soldiers drew their pay, but because it was supposed that he (James) was dead, he failed to get any pay. That he was enlisted for six months, and was ["discharged" is crossed out] taken prisoner as aforesaid, and when he was released the Army was discharged, and drew their pay. He says further that he was in several skirmishes, but their names, he cannot recollect. He does not recollect the company or Regiment with which he served. That he has no documentary evidence of his service or any one, whose testimony he can procure, who can testify to them.
He hereby relinquishes any 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 & Subscribed the day & year aforesaid

[signed] Robert Thompson  Clerk
[signed} Thomas James

And the said Court do hereby declare their opinion that the above mentioned applicant, was a revolutionary soldier served as he states.

[signed] Elias Poston  Judge P. C. Prb.
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I Robert Thompson Clerk of the Court of Rush County, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Thomas James for a pension.

In testimony whereof I have hereunto set my hand and the seal of my office, this 14th day of November AD 1832

[signed] Robert Thompson  Clerk
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April 20, 1936
xxxxxxxxxx
BA-J/MCS
Thomas James, S. 16423

Mrs. W. H. Snider
Davenport
Iowa

Dear Madam:

Reference is made to your request for information in regard to a Thomas James who was receiving a pension in 1840 at which time he was living at Miller, Dearborn County, Indiana, and a Thomas James who served in the Kentucky militia during the War of 1812.

The papers on file in pension claim, S. 16423, based upon the military service of Thomas James show that this soldier enlisted in 1776 while living in Harford County, Maryland; and served with the Maryland troops. He applied for pension November 14, 1832, while living in Rush County, Indiana, aged seventy-six years. His place of residence in 1840 is not shown in the papers of his pension claim. This is the only Thomas James who applied for pension while living in Indiana as shown by the Revolutionary War records of this office. The papers in said pension claim do not show that Thomas James was living in Kentucky in 1810 or that he had a son, Willet James.

The records of this office fail to show a claim for pension on file on account of the War of 1812 service of a Thomas James who enlisted from Kentucky or an account of the Revolutionary War service of a Thomas James who was living in Kentucky in 1810.

Very truly yours

A.D. HILLER
Executive Assistant to the Administrator
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[Left side] 
16.423
INVALID
File No. 16,423
Thomas James
Pri. Rev. War
Act: June 7, 32
Index: Vol. D, Page 191
[Arrangement of 1870.]

[right side]
1936, Apr. 20. Mrs. W.H. Snider
inqu. this sold. ever lived in Ky. etc.
M.C.S.
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Iowa
Daughters of the American Revolution 

Vice-President General, N.S.D.A.R.
MRS. B.C. HIGGINS
Spencer, Iowa

Regent
MRS. CLYDE E. BRENTON
3440 Grand Ave.
Des Moines

Vice-Regent
MRS. HARRY E. NAREY
Spirit Lake

Recording Secretary
MRS. W.H. SNIDER
1711 Grand Avenue
Davenport

Corresponding Secretary
MRS. IMOGEN B. EMERY
731 Higley Bldg.
Cedar Rapids

Treasurer
MRS. H.A. WHITE
719 Douglas Court
Clinton

IOWA
Recording Secretary
MRS. W.H. SNIDER
Davenport

Registrar
MRS. C.W. WESTER
Cedar Falls

Historian
MRS. SARAH PAINE HOFFMAN
519 S. Clinton St.
Iowa City

Librarian
MRS. EDWIN P. CHASE
Atlantic

Auditor
MRS. O.S. VON KROG
Eldora

Chaplain
MRS. W.W. BURNS
Sanborn

Mar 29 - 1936

Daughter of the American Revolution logo
Stamped in center -- RECEIVED APR 1 1936

Pension Office
Washington D.C.
Dear Sirs=
Can you give me further data on one Thomas James, granted a pension 1840, age 85, residing with Jehu Goodwin at Miller, Dearborn Co., Ind. at the time

I find one:
Thomas James, Oct 30, War of 1812 in Capt. Wm. Keller's Company 2"  Reg. Ky

Thomas James, pvt, Aug 23, 1812 signed for 6 mo Capt Juno W Shirley's Co., Barbers Reg. Ky. Militia

Thomas James, pvt, Feb. 10, 1815  Signed for 3 mo. in Capt. Ziba Holts Co, Ky, detatched militia under command of Col. John Davis.

I wonder if any of these are the same Thomas James who was granted a pension 1840
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If you have any records of those enlisting in State Militias, I should be glad of any information regarding any of the Thomas James.
I am hunting one who had a son Willet James who was born in Ky 1810 & who married Jan 28-1838, Serelda Balou. At age of 2 yrs Willet James was taken to Jennings Co., Indiana.

Very Truly
(Mrs W H) Mary H. Snider
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Thomas James
Indiana

Service 1776 pvt
6 months
$20

no allowance be made for additional service set forth in amended declaration


W.B. Eggleston
Rushville, Ind.
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BRIEF objections to the admission of Pension Claims, of which these answered in the negative, in red ink, will apply to the claim of [handwritten: Thomas James] which require further proof of 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?  [blank]

IV. Has the declarant mentioned the period of periods of the war he served?  Yes.

V. Has the declarant 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?  [blank]

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 revolutionary service?  No.

XII.  If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?  No.

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?  [blank]
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?  [blank]

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?  [blank]

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?  No.

_____________________________________

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 that 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 grade of the pensioner and the length of 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 administer the oaths mus 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.

[the following was handwritten]:
An application to G.C. Brewer Esq. the Registar of the Land Office would probably furnish him with proof of his service
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Honbl. Lewis, Cap.
Washington 
City
(D.C.)

p Mail
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Rushville, Indiana}
April 9th AD 1833}

Honl. Lewis Cap.,

I return the papers of Thomas James, and Samuel Caswell, applicants for a pension under the act of last July, which were sent back for amendment. It will be seen, that they have made new declarations, and on a comparison, you will discover a slight variance in them owing to the loss of memory in the applicants. But I trust that this, will not constitute an objection to them, as they are very old, and consequently have not that clear recollections of past occurences, as would be expected of persons not as old.
I wish the department to act upon them, as soon as possible, and transmit the papers to me. The persons are very poor, and without the neccessaries of life, have the wish of a speedy action.
I am Sir, your Obedient
and Humble Servant,

[signed] W. B. Eggleston.

1833
1778
_____
    55

67
55
_____
12
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TREASURY DEPARTMENT,
Second Comptroller's Office,
October 1st, 1839.

Sir:

Under the act of the  6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Thomas James a Pensioner on the Roll of the Madison 1st Agency, at the rate of Twenty Dollars and _____ Cents per annum, under the law of the 7th June 1832, has been paid at this Department, from the 4th of March 1838, to the 4th Sept. 1838.

Respectfully, yours,
[signed] Albion K. Parris
Comptroller.

To the Commissioner of Pensions,
Present.