Revolutionary War Pension and Bounty Land Warrant Application File S. 38256, for James Neill, North Carolina
Page 1

Service
N.C.
Neill, James
Number
S.38256
Page 2

Per letter to Mr. C. Lyon Dec. [illegible] 30, '36
Per letter 5, July
1837 to [illegible] R. Neaglen
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Letter to B. Audebon 14 July 1838.
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Paid out this treasury under 
the act of the [illegible] April
1838 from 4 March 1836 to
4 Sept 1837. - Agt [illegible]
19 July 1838.
----------------------------------------------------
Hon B. A. Gray Jny 28 18 [illegible]



26673
Kentucky

James Neill
Union Co in the State of Kentucky
who was a private in the [illegible] commanded
by Captain Gilbreath of the US commanded
by C. [illegible] Rutherford in the [illegible]
line for 6 months.

------------------------------------------------------
Inscribed on the Roll of Kentucky
at the rate of 20 dollars -- cents per annum,
to commence on the 4th day of March, 1831.
------------------------------------------------------
Certificate of Pension [illegible] the 21 day of April
1834 and [illegible]
[illegible]
------------------------------------------------------
Arrears to the 4th of March                    60.00
Semi-ant. allowance ending [illigible]    10.00
                                                              --------
                                                              $70.00
                                                              --------
                                                              --------
{Revolutionary Claim,}
{Act June 7, 1832.}

Recorded by Daniel Boyd, Clerk,
Book E     Vol. 7     Page 50
Page 3

State of Kentucky
County of Union  Sct

On this 17th day of December 1832 personally appeared before the county court of Union County, James Neill, a resident of said county and State aged seventy eight years, who being first duly sworn according to law, doth in 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 in the latter part of the year 1779 or first of 1780, he was a citizen of Rowan county in the state of North Carolina when and where as a volunteer soldier, he enlisted or joined the militia company commanded by his uncle , Capt. Gilbreath Falls of said county that Joseph Byers was Lieutenant - by what authority he was called into service he cannot recollect, but it was and is believed by him that he was one of militia of North Carolina called into service in aid of the American Revolution - 

that in the month of June 1780 he thinks and believes it was he marched in said militia company to the Cataba [Catawba] in Lincoln County [North Carolina] that about 600 militia met there and were under the command of Col. James Rutherford [General Griffith Rutherford]- 

that he was marched with the Regiment from the place of rendivous [rendezvous] against the Tories encamped at Ramsour's Mill [Lincoln County, North Carolina]. where they attacked them in their camp and after a desperate and destructive action defeated them [Battle of Ramsour's Mill, June 1780]-this was the first fighting he had seen  The Tories were under the command of Col. Moore [Loyalist Lieutenant Colonel John Moore] & he thinks [Nicholas] Welch & Brown also-

in that affair Capt. [Gilbreath] Falls and Capt. [William]Neill of the North Carolina militia were killed among others - that afterwards the militia returned home 

That in the same year [1780] but the time he cannot state, Capt Alexander Davidson of Rowan County raised a militia company and he joined is as a soldier. Andrew Carr was a Lieutenant and John Thompson Ensign - that he marched with Capt [Alexander] Davidson's company from Rowan County [North Carolina] to Salisbury [North Carolina] where  they were met by other Companies and where Genl. [Griffith] Rutherford took command of the detachments and marched them thro [through] Anson County [North Carolina]  to near the Cheraw Hills [South Carolina] where the British army were encamped
Page 4

the British retreated to Camden [Battle of Camden, South Carolina]  - Genl. [Griffith] Rutherford then marched them to Lynchs creek [Lynches Creek, South Carolina] where they were joined by other troops all under the command of Genl. Gates [Horatio Gates], who marched them to Rugeleys Mill [South Carolina] where they remained several days

Genl. Gates [Horatio Gates] then detached about 1800 men (of which the declarant was one) to march withins six or eight miles of Camden [South Carolina] under the command of Col. Poterfield [Charles Porterfield] and Major Harris. they remained he thinks two days and nights at the place there they were halted and commencing their march for Camden in the night, they were met by the British army & they had a skirmish, that night they were joined by the balance of Gates [General Horatio Gates]
army fought the battle called the Battle of Camden [South Carolina]

in this action his Capt. [Alexander] Davidson was killed and Col [Charles] Porterfield was wounded and he believes died of the wound early in the action at night, Major Harris was also wounded - upon the defeat of the army of Genl. [Horatio] Gates was dispersed and he returned home.

But in a few days after his return he again marched under the command of his Lieutenant [Joseph] Byers to Mecklenburg 
County [North Carolina] near Charlotte and joined the Regiment commanded by Col Davy [William Richardson Davie] - Joseph 
Dickson was the Major - the British army occupied Charlotte [NC] - Col Davy [William Richardson Davie] kept his regiment on duty in watching and attacking the forraging [foraging] parties of the British

this declarant aided in defeating four such parties - one of those times was at David [illegible] farm where under the command of Major [Joseph] Dickson they defeated the forraging [foraging] party and took and destroyed nine of their waggons [wagons] loaded principally with corn in the shuck

they were kept on duty by Col Davy [William  Richardson Davie] in harrassing [harassing] parties of the British army in there advance upon the country after the Battle of Camden [South Carolina] and afterwards upon the retreat of the British they were occupied in harrassing [harassing] and attacking at different places, and at the end of the year he returned home

In January (he thinks) 1781 he volunteered as a private in the company raised by Capt. Wilson [William Wilson] in Rowan County [North Carolina] aand went and joined the detachment under Genl. Morgan [Daniel Morgan], and was with him and engaged in the Battle at the Cowpens [Battle of Cowpens, South Carolina] in which Col Tarllon [Banastre Tarleton] was defeated 

continued with the detachment on the retreat with the prisoners till they reached the Cataba [Catawba River] where he with the others was left under command of Col Davidson [William Lee Davidson] to prevent the British Army
Page 5

from crossing Cowans ford [Cowans Ford, North Carolina] the British forced their way across the Catawba [River] [North Carolina] and Genl.  Davidson  [William Lee Davidson] was killed in the action and American Detachment was dispersed - it was a wet day and on their retreat in small parties they were attacked by the British horse and driven into the swamp - 

 then with others some others at last reached Torrens's tavern where they met Col Farmer [Lieutenant Colonel Thomas Farmer] with upwards of 300 militia they had been there but a short time  when they were overtaken and attacked by the British horse and light troops and were defeated and cut to pieces and entirely dispersed, a great number of the militia were killed among others Major Grimes.

he thinks the action took place late in the evening and that night he got to his home very sick with the small pox which confined him till the month of June and prevented him from assisting his country in the Battles of Guilford [Battle of Guilford Courthouse, North Carolina] & Camden [Battle of Camden, South Carolina] fought by Genl. Greene [General Nathanael Greene] 

So soon as he recovered from the small pox, Capt. Frances Cunningham of Lincoln County [North Carolina] raised a company and that declarant joined as a soldier - they marched immediately and joined Genl. Greens [Nathanael Greene] army engaged in carrying on the Siege of 96 [South Carolina] 

Sometime after he joined the army before 96- the siege was raised in consequence of the approach of the British reinforcements - it was thought at the time that in twenty four hours [Siege of 96] 96 could have been taken - he retreated with Greenes army [General Nathanael Greene] to the hills and continued with it, was in the Battle of Eutaw Springs [South Carolina] in which he received a flesh wound  
in the thigh from a bullet and had each arm slightly wounded with a bayonet -

after that battle he was discharged - he received many discharges signed by his Captain and some times by his colonel - some for thirty days some for six weeks, some for three months and one for six months - all of them have been lost- He was in the army and on duty with the exception of a few days at a time and excepting the time  he lay sick with the 
small pox from June 1780 to December 1781-

He has no record of his age - He lived in Rowan County [North Carolina] till the year 1796 when he moved to Logan County Kentucky where he lived till 1828 when he moved to Morgan County, Illinois
Page 6

and moved from there to Union County Kentucky where now resides, in September 1832 - He is not acquainted with any  clergyman in the county having lately moved here and there are not more than three living in the County 

He has no documentary evidence and he knows of no person now living whose testimony he can procure who can testify to his service - Capt. Porter and James Forgy who died some years since in Logan County Kentucky were the last of his acquaintances by whom he could have proved his services

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 any agency of any state 
James Neill

We William Banks & Vardamore Taylor residing in said county hereby certify they we are well acquainted with James Neill who has subscribed and sworn to the above declaration and we believe him to be seventy eight years of age - that he is reputed and believed in the neighborhood where he resides to have been a soldier of the Revolution and we concur in that opinion 

And we further certify that we were acquainted with said James Neill while he resided in Logan County and during the time he lived there we have frequently heard him & Capt. Wm Porter & James Forgy of said county now dec'd [deceased] speak of the occurrences of the of the revolution in which they were engaged and it was generally believed that the said James Neill was a soldier of the Revolution and we concur in that opinion 
Sworn & subscribed this day & year aforesaid
William Banks [his mark] X
Valdamore Taylor [his mark] X
Page 7

James Neill
pension
Declaration 
22,918
James Neill
Ken [Kentucky]
Page 8

And the said Court, do hereby declare their opinion after the interrogatories prescribed by the by the War Department that to above named applicant was a Revolutionary Soldier and served as he states 

And the court further certifies that William Banks and Vardamon Taylor  who have signed the preceding certificate are residents of Union County and are credible persons. And that their statements are entitled to credit.

I James R. Heughes clerk of the court of Union County in the State of Kentucky do hereby certify that the foregoing & annexed contains the original proceedings of said court in the matter of the application of James Neill for a pension

In testimony whereof I have hereunto set my hand and seal of office this 18th  day off December 1833 In the 42d year of the Commomwealth 
James R Heughs

[illegible seal attached]
Page 9

22.918
James Neill
Ken [Kentucky]
from 1780 pri 6- [private 6 months]
$20
Can only allow as above 
per Mr Lyon's letter
Hon. C Lyon 
HR [House of Representatives] 

[crossed out]
Jos R. Hughes 
Morganfield 
Ken [Kentucky]
Page 10

WAR DEPARTMENT.
Pension Office,
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 shew what is necessary to be done. Those 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 compling [complying] with this request, greatly facilitate the investigation of your claim.

A Statement shewing the Service of James Neill
[*column headings of chart]
*Period when the service was rendered.
1780
*Duration of the Claimant's service.
Not stated
*Rank of the Claimant.
Private
*Names & Rank of the field officers under whom he served.
Capt. Gilbreath [Falls]
Col. [Griffith] Rutherford
Cap. [Wm Lee] Davidson 
Lt [Joseph] Byers
Col Davy [Wm. Davies]
Col [Wm] Wilson
Cap. [Frances] Cunningham
*Age at present & place of abode when he entered the service.
78, N.C.
*Proof by which the declaration is supported.
Traditionary and witnesses not properly authenticated.
 See note:
The actual service performed in each tour should be distinctly stated  
See note &
The regulations should be complied with in order to a favorable decision
Apl 12. 1834

I am respectfully, 
Your obedient servant, 
JAMES 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, mucicians 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 } ss.
County of                               }
On this             day of               personally appeared (a) before
A. B. a resident (b) of
in the county of
and State, Territory or District of
aged (c)          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)                     , with
               and served in the                   (e)
regiment of the                          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. [hand with finger pointing symbol] 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
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                                         of the Court of
                                do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of
the application of
for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this
day of                                               & 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
and C.D. residing in (the same)
hereby certify, that we are well acquainted with
                                                , who has
subscribed and sworn to the above declaration; that we believe him to be
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 days 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
and that C. D., who has also signed the same is a resident in the
and is a credible person, and that their statement is entitled to credit.
I,                                  Clerk of the Court of
                                                     do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of
for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this         day of
                        & 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
Page 12

alleged service, as they are known at the Department. A very full account of the services of each person 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 inquiry 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
thority; 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 naming 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.
[hand with finger pointing symbol] 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.
Page 13

38256
Revy INVALID. 
File No. 38,256
James Neill 
Pri Rev War
Act: 18th March 18 [1818] 
Index: Vol. 2, Page 296

[Arrangement of 1870.]
Page 14

House of Reps
April 18th 1836

James  L Edwards Esq
Sir
I herewith return you the papers of James Neill with the certificate of the Hon Cave Johnson appended to the Depostion of Robert Neill
As these papers have been once returned to the applicant and all the Testimony he can procure is furnished I think it unnecessary to return them to him - but Send them to your office and request that a certificate may be due for such pension as you deem from the facts set forth and Sustained the applicant is entitled.
Respectfully 
Your ob Sert [obedient servant] 
Chilton Lyon
Page 15

Treasury Department,
Second Comptroller's Office,
July 14, 1838.
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," James Neill
a Pensioner on the Roll of the Kentucky 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 fourth of March 1836  to the fourth of September 1837
Respectfully yours, 
Albion K. Parris
Comptroller 

To the Commissioner of Pensions,
Present
Page 16

Ho-of Reps Jany 25th/54

Hon W Waldo
Sir
I respectfully ask that you will cause this letter from Dillone Duncan Esq of Ky [Kentucky] to be returned to me with a copy of Declaration of James Neill [illegible]  of Union County Ky [Kentucky] together with such information as desired by the Duncan respecting the pension due for services of John Neill a revolutionary soldier. He was perhaps in some of the North Carolina regiments
Very Respectfully 
Rev. Edwards Grey
Page 17

Hon. C. Lyon
Page 18

State of Kentucky 
Logan County S.S.
The Affidavit of Leonard Anderson taken at the clerks office in Russellville [Kentucky] the 23d day of September 1834. This affiant being now in the eightieth year of his age Saith he is well acquainted with James Neill, now of Union County Kentucky who is an applicant for a pension under the provisions of the Statute of the United States of the 7th June 1832

He further saith that he was acquainted with said James Neill during the revolutionary War, and that said Neill was a Staunch Whig, 
as was all his family. he saw said Neill first in Service  of the United States at Ramsour's Mill [North Carolina] he saw him at the skirmish at Cheraw Hills [South Carolina] . He saw him at the Battle of Gates defeat [General Horatio Gates] [Battle of Camden, South Carolina].

He saw him at the battle of Eutaw Springs [South Carolina] & also at the battle of the Cowpens [South Carolina] in each of which fights said [James] Neill acquitted himself like a good soldier

To the best of this affiants recollection said Neill was in actual service in the Army of the United States three years during the War of the Revolution.
Leonard Anderson [his mark] X

State of Kentucky 
Logan County S.S.
The foregoing affidavit was this day subscribed and sworn to before the [illegible] an acting Justice of the peace in and for the County & State aforesaid. 
I further
Page 19

certify that the statements of said Anderson 
when on oath are to be relied upon as true.
Sworn under my hand this 23 day of September 1834
W. L. Harding J.P.L.C.

State of Kentucky Logan County Sct
I Marmaduke P. Morton clerk of the Said Logan County Court do hereby certify that William L Harding Esq whose name is signed  to the above certificate now is and was at the time of Signing the Same an acting justice of the peace in and for the county and State aforesaid duly commissioned and qualified according to Law and that due faith and credit is and ought to be given to all his official act as such.

In testimony of which I hereto set my hand and affix the seal of said county court this 23 day of September 1834 and in the 23 year of the Commonwealth
M. P. Morton

[illegible seal attached]
Page 20

State of Tennessee
Robertson county 
I do here by certify this 2 day of December 1833 personally appeared before me Bartley Pitts one of the acting Justices of the peace in and for said county and state aforesaid Robert Neill and after being Duly sworn &c [etcetera] according to law. 

Deposeth and sayeth as follows.
that James Neill and James Neill  one of my Brothers came to my fathers during the Revolutionary war in america and said that this was just from the american army and some time after wards and I believe just after - the battle at Ramsoures Mill [Ramsour's Mill, North Carolina], the said James Neill brought my Brother William Neills clothing to my father and said that,

he was killed in the Battle at Ramsoures mill [Battle of Ramsour's Mill, North Carolina, June 20, 1780] which afterwards turned out to be the fact that the said William Neill was killed and at the time and place that the said  James Neill had stated &c [etcetera]
Page 21

and further this deponant [deponent] sayeth not 
this 2nd day of December, 1833
Test
Robert Neill [hand drawn seal] 
Bartley Pitts [hand drawn seal]

I  am acquainted with Bartly Pitts, who is an acting magistrate or Justice of the peace in the county of Robertson & State of Tennessee I believe his signature to be in his proper hand writing - I am also well acquainted with a man named Robert Neill residing in the neighborhood of Bartly Pitts in Robertson County & the same I presume who gave the preseding [preceeding] affidavit - he has the character of an honest man & in my opinion entitled to credit
Apl 18h 1834
C J [illegible]
Page 22

James Neill
Additional
Declaration
Page 23

Additional Declaration 
In order to obtain the benefit of the act of Congress of the 7th of June 1832

State of Kentucky
County of Union Sct

On this 21st day of November 1836 personally appeared before the Union County court composed of the Honorable
James M. Higgins  L. Greenwell  & J S Chapman, Justices of said court James Neill a resident of the county of Union and State of Kentucky aged eighty three years of age the 21 day of March 1836 who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of the provisions made by the act of Congress passed June 7th 1832.

That he entered the Service of the United States under the following named officers and Served under them as hereafter Stated To wit

General [Griffith] Rutherford, General [Horatio] Gates, General [Alexander] Davidson, Col. Davey [William Richardson Davies], Col. Poterfield [Charles Potterfield], [General] Daniel Morgan
Major Dixon, Major '[James] Harris, Major Gwins, Major Johnson, Captain [Gilbreath] Falls, Captain Crawford, Captain David Ramsey, Captain William Lee Davidson, [Major David] Wilson, Lieutenant Thompson, [Joseph] Byers, 
and A. Carr.

That he entered  the service of the United states (the date no recollected)as a volunteer in the militia in the State of North Carolina  That he then resided in Said state in the county of Rowan he was mustered in to service of Captain Gilbreath Falls  and was attached to the regiment commanded by Col. [Griffith] Rutherford and we were marched from Rowan county [North Carolina] to Lincoln County in the state of North Carolina and at Ramsours Mill [Battle of Ramsour's Mill, North Carolina] in said county we met a strong force of the tories commanded by a fellow by the name of [John] Moore, and we had a warm and bloody engagement with them and after we sustained a severe loss of men we  whiped [whipped] them and took Several prisoners. this battle was fought in the month of June the year not recollected [1780] but he recollects it was the commencement
Page 24

after the battle was over at Ramsour's Mill [North Carolina] on the same day the army commanded by General [Griffith] Rutherford (the father of our Colonel [James Rutherford]) came on and we were attached thereto and marched on to the mouth of Rocks River [Rocky River, North Carolina] on the PeDe [Pee Dee River, Carolinas] and in the [illegible] we came up with an army of the enemy composed of British and tories  We attacked them early in the morning wading Rocks river to get to them and after a Smart engagement we whiped [whipped] them and took a large number of prisoners 

we should have Succeeded in taking a greater number if it had not of been for the failure of a detachment under Col. Shepherds who was to have come up on the South side of the river to prevent the escape of the enemy in that quarter,
he said his failure was owing to his getting lost on his rout[route] - this action took place a short time after the Battle of Ramsour's Mill [North Carolina] the Tories was commanded by a fellow by the name of Forys as well as he recollects  

We was marched from this to a place called the Cheraw Hills [South Carolina], and from there to Lynches creek [Lynches Creek, South Carolina]
and after we had crossed the same we met with the american army commanded by General [Horatio] Gates and was attached thereto and 
the entire whole american army was then marched to a place called Rugsley mill [South Carolina] where we were stationed a few days 

and we was then marched along in the direction of Camden [South Carolina] and about Six miles before we got to Camden [SC] at a place called Gum Swamp Creek [Georgia] we met the British army commanded by lords Rawdon [Lord Francis Rawdon] or Cornwallis [General Charles Lord Cornwallis] or perhaps both and early in the morning he believes in the month of August the year not recollected the Battle commenced and after a long and severe struggle we were forced to retreat back from South Carolina, where the battle was fought, to Mecklenburg County North Carolina

his captain Alexander Davidson was taken prisoner also  General [Griffith] Rutherford 
I understood  that his [illegible] Col. [James] Rutherford took a flag and went to see his father [rest of page torn off]
Page 25

shortly after the battle of Camden the British  army was marched up to the town of Charlotte in county of Mecklenburg & State of North Carolina where they [illegible words] sometime, this was [illegible] army to which he was attached and stationed in the same county watching the motions of the enemy and suppressing the cutting off foraging parties, 

he states that he not at the battle that was fought at  Guilford [Battle of Guilford Courthouse] owing to his then having smallpox but was before in that in the battle of the Cowpens [Battle of Cowpens, South Carolina] under General [Daniel] Morgan

he was in the company of Captain [William] Wilson the detachment to which he belonged  before the Battle of Cowpens was joined by General [Daniel] Morgans Brigade near the lines between North & South Carolinas and we was marched into South Carolina where the battle was fought in this battle we took upwards of 600 prisoners, the dragoons under the command of 
Colonel [William] Washington pursued the British some distance after the battle was over this battle was fought the 17th day of January [1781] the year nor recollected 

we marched from the from the Battle of Cowpens 
up to Salisbury in Rowan County & State of North Carolina with the British prisoners and from thence they was sent to Albemarle barracks in 
the state of Virginia.

he states that he [illegible words] was sent and on to [illegible words] at Catawba River near Cowans Ford North Carolina  we met the British army under Lord Cornwallis [General Charles Lord Cornwallis] and we attempted to prevent to prevent them crossing but did not succeed in this encounter General [William Lee] Davidson fell, we retreated all that day before the British army having occasional Skirmishes and later this evening we was joined by Col. [Thomas] Farmer who had 300 men under his command at Tarrant's Tavern [Torrence's Tavern, Rowan County, North Carolina 2/1781] we then made a stand & give the british battle















[illegible words]
Page 26

This affiant states that he was in Service in the State North Carolina as a guard on the frontier against the indians & Tories under Col. Hugh Brevard Capt Nicholas Strupper for the three months

this affiant states that from old age & a severe spell of sickness his recollection is greatly impaired but he has no hesitation in saying that he was in the actual service of the United States four years or more: as heretofore he does relinquish every claim whatever to a pension or an annuity except the one claimed in this & former declaration & he declares that his name is not on the pension roll of any agency in any state &c [etcetera] sworn & subscribed the day & year aforesaid
James Neill

Mr. William Morrison a clergy man resident of the county off Union & State of Kentucky and Peter Wooding residing in same hereby certify that we are well acquainted with James Neill who has subscribed & sworn to the above declaration, that we believe him to be a 84 years of age that he is reputed & believed in the neighborhood where he resides to have been a soldier of the revolution & that we concur in that opinion Sworn & subscribed the day & year aforesaid
William Morrison
Peter Wooding
Page 27

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 & served as he states and the court further declares &  certifies that it appears to them that William Morison & Peter Wooring who has also signed the same is residents of Union county Kentucky are credible persons & their statements are entitled to credit 
John S Chapman JP
[illegible]
Lewis Grannett JP

I James R Hughes clerk of the county court for the county aforesaid do certify that the foregoing contains the original proceedings of the said Court in the matter of the application of James Neill for a pension
In testimony whereof I have hereunto set my hand and seal pf office this 21st day of November 1836 
James R Hughes

[illegible seal attached]
Page 28

the Affidavit of Leonard Anderson taken in Russellville Kentucky on the 10th day of March 1834. This affiant now in the 79th year of his age, saith he is well acquainted with James Neill whom he supposed to be as old or order
than himself, who is now applying for a pension, under the provisions of the Act of Congress of the 7th June 1832
This affiant further Saith that he knew said
James Neill during the War of the Revolution, that he was a staunch Whig - that he fought Valiantly for the liberty of our Country
He knows that said Neill fought on
the side of liberty at [? Rugeley] Mills in South Carolina at the battle of at Campden or Gates's defeat and also at the Battle of the Cowpens
He further saith he has had much conversation
with said James Neill upon the subject of his services in in the Revolutionary War, and he has no doubt he served as he has stated in his declaration, the several tours set forth therein as he was acquainted with many circumstances stated by him
Leonard his  x mark Anderson

State of Kentucky }
Logan County } [illegible initials]
The foregoing affidavit of Leonard Anderson was this day subscribed & sworn to, before the undersigned and acting Justice of the peace in and for the County and State aforesaid -
This further certified that said
Anderson is a credible person, and his statements when on oath are to be relied upon Given under my hand this 10th day of March 1834
P.C. Slaughter JPd

State of Kentucky }
Logan County } I Marmaduke B Morton Clerk of the County Court of Logan afd do certify that the Philip C Slaughter whose name is signed to the foregoing certificate is an acting justice of the peace for the County aforesaid
duly commissioned and qualified according to Law, and
Page 29

that due faith and credit is and ought to be given to all his official acts as such 
In Testimony of which I do hereunto Set my hand and affix the Seal of said Logan County Court this 11th day of March 1834 and in the 42d year of the Commonwealth 
M B Morton
Page 30

THE NATIONAL ARCHIVES
Form VAN-51
12-5-41

BOUNTY LAND WARRANT RECORD CARD*

Division of Veterans' Administration Archives

NAME Neill, James
GRADE Private
LINE Pennsylvania

WARRANT NUMBER 10150
ACREAGE 100
ISSUED January 10, 1799
to -- not shown --


*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of ""Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent
dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800.
Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.