Revolutionary War Pension and Bounty Land Warrant Application File W. 1478, for James Porter, Pennsylvania
Page 1

Penn.   Porter James                         W.1478
            Polly
            Mary
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20393
West Tennessee
James Porter of Smith Co. in the State of Tennessee who was a Private in the Company commanded by Captain Scott of the Regiment commanded by Colonel Green in the Tenn. State line for the tern of 3 years or during the war from 1776  - 17___ to 17___.

Inscribed on the Roll of West Tennessee at the rate of eight Dollars per months to commence on the 1 day of January 1828.

Certificate of Pension issued the 20 of January 1832 and sent to the Hon. W. Hall HR

Arrears to 4th of Sept. 1830 -             $353.06
Semi-aml. all'ce ending 4 March 1832    48
                                                            $401.06

Revolutionary Claim Act 20 May 1830 3rd Section
Recorded Book D, Vol. 9, Page 157
BLB
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(left panel)
18089
James Porter

Jonathan Pickett agt
Carthage Tenn
see letter to Hon. R. Desha H>R>
Jan. 18, 1828

(right panel)
State of Tennessee 
Smith County
Samuel Walker this day personally appeared before me William McClain an acting Justice of the Peace for s’d. County and made oath in due form of Law that he was at the Battle at the Utah Springs and that a man by the name of Malbry or Malbery  Commanded there as Colonel Green commanded as General, and that Col  Malbry or Malbery commanded the North Carolina Soldiers at that Battle. 
Sworn to and subscribed before me this 7th of Sept 1822
                                Samuel X Walker
(X his mark)
Test  Wm McClain
Justice of the Peace
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State of Tennessee 
Smith County Court
May Term 1821
      On this 21st day of May 1821 personally appeared in open court, being a court of record for the County aforesaid, James Porter, aged sixty eight years a resident in said, who
 being first duly sworn according to law, doth on his oath declare that he served in the Revolutionary War, as follows, he entered the service about the time the British troops landed at New York, in  the first regiment of Pennsylvania Militia, commanded by Colonel Crawford, and then by Col. Robadau, and then by Col. Green; in Capt. William Porter Company and was in the service of the United States, nine months at one time, and twelve months at an other time, under Capt Robert Bell in the
 first Regiment from North Carolina, Commanded by Col. Malbry, – that he was in the battles of Statten Island [sic: Staten Island] , and at Fort Washington, at Beaufords [sic Buford) defeat , at the battle of Guilford Court house , and in the battle at Utah Springs [sic: Eutaw Springs]. That he was taken prisoner at Fort Washington, and kept so for upwards of one year, that he received two wounds in said service, one in the leg, and one in the head, and was honorably discharged from the service at
 Salisbury by Col. Butler and General Rutherford, which discharge he has lost; and that he needs the aid of the government for support. and I do solemnly swear that I was a resident Citizen of the United States on the 18th day of March 1818 and that I have not since that time by gift sale or in any manner disposed of my property or any part thereof with intent thereby so to diminish it as to bring myself within the provisions of an
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act of Congress entitled “an act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary War” passed on the 18th day of March 1818 and that I have not nor has any person in trust for me any property or securities contracts or debts due to me nor have I any income other than what is contained in the Schedule hereto annexed and by me subscribed – to wit, ten head of hogs, one sow and six pigs, one cow and calf, two yearlands, one old mare, another mare and colt, two ovens and two plows. he owes twenty dollars, and has three dollars & fifty cents due to him, has a wife named Mary about forty five years old, has two children, a
 son about 18 years old, but deformed & helpless – a daughter, about 14 years old – he is farmer by
profession, and so infirm that he is not able to work for a support.
                                          James Porter
Sworn to and declared in open Court before the Justices of said Court, the 21st day of May 1821.
                Attest. Jonathan Pickett Clk.
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State of Tennessee
Smith County
I Jonathan Pickett Clerk of the court of pleas and for the County aforesaid do hereby Certify that the foregoing oath and the schedule thereto annexed are truly copied from the original in full this court, and are ordered to be recorded, And I as further Certify that it is the opinion of said court, that the total amount in value of the property subscribed in the aforesaid schedule (after paying his debt) is thirty dollars

In Testimony whereof I have hereunto set my hand and affixed the seal of Said Court at office in Carthage this 6th day of June AD 1821 and 15th year of our Independence

J Pickett Clk

State of Tennessee
Smith County
May term 1821. On this 21 day of May 1821. Robert Manan came into Court and after being duly sworn, deposeth and saith, that he has been acquainted with the aforementioned James Porter, forty years or upwards and that he was personally acquainted with him, while in the service of the united states, and Knows he was in the battles of Guilford Court house and the utaw [sic: eutaw] springs, and believes said Porter was honorably discharged, and that he believes his oath entitled to [ink mark] faith and credit in a court of Justice, Knows said Porter to be a very poor man. 
Robert Morrow
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from to, & subscribed in open court this 21 day of May 1821.
Attest
Jonathan Pickett Clk.

Also Edmund D. Tarver came into court and after being duly sworn, deposeth and saith, he has been acquainted with the aforementioned James Porter, for some time, and believes his oath intitled to full faith and credit in a court of Justice, and that he is a very poor man
                         Edmund D. Tarver
From to, and subscribed in open court, the day and date above written
Attest
Jonathan Pickett Clk.
Page 8

[written on left panel]
1839
Mary & Sydney Y Smith for data prior
(Sarah o (R) 8.343)

[written on right panel]
970.
Tennessee. Nashville
Polly Porter
widow of James Porter
who was a Private 
in the Penn. line
for 2 years
Inscribed on the Roll at the rate of 80 Dollars _____Cents per annum, to commence on the 4th day of March, 1843.

Certificate of Pension issued the 18th day of July, 1843. and sent to A. Fergusson,
Carthage,
Tenn.

[Act of March 3, 1843]
Recorded in Book A.
Vol. 1 Page 221.
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State of Tennessee 
Smith County 
October Term 1838
On this first Day of October 1838 personally appeared before the court for said county Polly Porter a resident of the county of Smith in the State of Tennessee aged seventy four years who being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed July the 7th 1838  entitled "an act granting half pay and Pensions to certain widows that she is the Widow of James Porter who was a Pensioner of the United States and drew his Pension in Nashville state of Tennessee and was a resident of the county of Smith up to the day of his death She further Declares that she was married to the said James Porter on the 15th Day of July in the year seventeen hundred and eighty eight That her husband the aforesaid James Porter Died on the 18th day of June 1838 that she was not married to him prior to his leaving the service but the marriage took place previous to the 1st day of January seventeen hundred and ninety four
Sworn to and subscribed in open Court this 1st day of October 1838
                          Polley X Porter
                            (X his mark)



John J Burnett Clerk
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State of Tennessee Smith County
I. John J Burnett Clerk of Smith County Court hereby Certify that this witness declaration was sworn to in Open Court

In Testimony whereof I have hereto set my hand and affixed my seal of Office, at office in Carthage the 16th Day of April 1840

John J Burnett Clerk of Smith County Court
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State of Tennessee
Smith County
On this day personally appeared Joseph Porter aged fifty years before me a Jonathan L Faire one of the acting Justices of the Peace in and for said county and made oath in due form of law that according to the best information recorded from his farther James Porter in his life time and from his mother Polly Porter now living he is fifty years of age in July last and is now going in his fifty first this applicant states that he is the second oldest son of the said James and Mary Porter the identical person who was a Pensioner and is now dead and whose widow Mary Porter had since made application for a Pension under act of July 4th 1838 that John Porter is the oldest son of the said James Porter and Polly Porter and is now about fifty three years of age he has been free of mustering for eight years said John Porter is two years, and some months older than this affiant.  This affiant has been free of militia duty for five years past This affiant has been confirmed in the correctness of his age from other services than his parents about seventeen years ago he went to visit his relations near Hopkinsville Kentucky his Grandmother MC McClane was there living they were counting up this affiants age and those of his cousins and it corresponded with the statement he had got from his father and mother This affiant has kept his age ever since correctly but has no record of the same but certain be is correct
Sworn to and subscribed before me this 24th day of November 1841 
Jonathan L. Faire JP
Justice of the Peace
Joseph X Porter
(X his mark)
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State of Tennessee 
Smith County
I Johnathan L Faire one of the acting Justices of the Peace in and for the County aforesaid do hereby certify That I am well acquainted with Joseph Porter who has made the foregoing affidavit before me that he is a man of truth and veracity and that full faith and credit are due but of right aught to be given to his statements.
I further certify That I have been acquainted with James Porter and his wife Polly Porter father and mother to the aforesaid Joseph Porter and with John Porter the oldest son for the last twenty years I have lived a near neighbour to them and from my acquaintance with them I would say that John the oldest son is about fifty three years old and Joseph is I believe as old as he states in his affidavit. I know that John Porter has not mustered in the last seven or eight years
In testimony whereof I have hereunto set my hand and affixed my seal this 24th day of November 1841
Jonathan L. Faire JP
Justice of the Peace
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State of Tennessee
Smith County
     On this day personally appeared John Porter a citizen of the county and State aforesaid before me William P. Hughes one of the acting Justices of the Peace in and for the county aforesaid and made oath in due form of law that agreeable to the Statements of his father and mother and the record kept by them in the family Bible he is at this time about fifty five years of age.  That he is the Son of James Porter Deceased who was a pensioner of the United States and a resident of Smith County, State of Tennessee and that his mother Polly Porter is the widow of said James Porter and is the identical person who has applied for a pension under act of 7th July 1838.  This affiant further stated that he has a very correct knowledge of the record of his age in the Bible of his father above spoken of that from his recollection of said record he was both on the 22nd day of April seventeen hundred and eighty nine.  This affiant is informed and believed that said record has been destroyed and torn out of the bible so that no trace of it exists.  This affiant further states that he lived with this father and mother in Guilford County North Carolina until the year 1814 when they moved to Smith County Tennessee.  This affiant knows his age was in 1815 when the battle of New Orleans took place say twenty six years which add to twenty seven would make him fifty three with the difference that he was born in April 1789 eleven years would make added to forty two the present date from fifty three to fifty four years of age at the present time.  This affiant was before a court martial of the officers of the Regiment in which he mustered about eight or nine years ago and was then discharged from Military duty being forty five years of age.  This affiant has also been tax free for the last four or five years.  The people of Tennessee by the late constitution are free of taxes when they arrive at the age of fifty years.
     Sworn to and subscribed before me this 2nd June 1842.
                          John Porter (seal)
William P Hughes JP
Justice of the Peace
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State of Tennessee
Smith County
     I William P Hughes one of the acting Justices of the Peace in and for the County aforesaid do hereby certify that I am well acquainted with John Porter who has this day appeared before me and made the foregoing affidavit.  That he is a man of truth and veracity and that full faith and credit are due and of right ought to be given to his Statement.  I have known him ever since they came from North Carolina & settled in the neighbourhood of my father.  James Porter was the father of the said John Porter now a very old and infirm man.  When I first knew him, he must have been in his dotage, as fact back as 1820 perhaps before I did not consider him a man whose recollection was good and I considered him in his second childhood.  He was very old, perhaps from all appearances and from information he would be now if living from 90 to 100 years of age.
     In testimony whereof I have hereunto set my hand and affixed my seal this third day of June 1842.
                              William P. Hughes (seal)
                              Justice of the Peace

State of Tennessee
Smith County
I John J Burnett Clerk of Smith County Court here verify that William P. Hughes before whom the written affidavit of John Porter was made is one of the acting Justices of the Peace in and for said Smith County duly commissioned and qualified as the law directs and that the foregoing signatures purporting to be his are genuine.
     In Testimony whereof I have hereunto set my hand and affixed my seal of office at office in Carthage this 4th day of June 1842.
                John J. Burnett Clerk
                of Smith County Court
(seal)
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(left panel)
Reported to Agent

(right panel)
6811
Nashville, Tennessee
Polly Porter widow of James Porter who was a pensioner under the Act of 20 May 1830 and who died on the 18 June 1838 of Smith Co. in the State of Tennessee who was a Private in the company commanded by Captain Scott of the Regt. commanded by Col. Green in the Tenn. line for 2 years.

Inscribed on the Roll of Nashville at the rate of 80 Dollars per annum, to commence on the 4th day of March, 1836.

Certificate of Pension issued the 11th day of October 1862 and sent to A. Ferguson Carthage, Ten.

Arrears to the 4th of March 1861 $400

[Act July 7, 1838]
Recorded by D. Brown Clerk
Book A. Vol. 2. Page 207
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                     House of Rep
                     July 9 1842

Sir,
     I here enclose you a letter which, I must ask the favour of your attention to.  It explains its object as well as if I were to visit your office. I hope you will give your attention to it & furnish me with a reply.
                   I am very respectfully,
                          Your Obt. Svt,
                          W.B. Campbell

JL Edwards Esq.
Comm. of Pensions
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James Porter d. June 18-1838
                      m. 1788
Polly

Pen Act 1818
proof of marriage
wife 45 yrs. in 1821       1840
                                          64
born 1776
             12
          1788

States her age now at 74
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1776
1st Reg. Pri Mil Col Crawford
            Col Robadin
            Col Green
9 mo-12 mo
Staten Island - Fort Washington
Buford defeat - Guilford CH  
Eutaw Springs - wounded
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6926
Polly Porter
widow of James
Tennessee
Nashville Agency
Admitted

Private 2 yrs $80
Cap. Scott Col Green, Pa

died 18th June 1838
Act 7 July 1838

A. Fergusson
Carthage
Ten
Page 20

James Porter W. Ten Act 1818
to what time paid
P Office
June 25 41
Died 18th June 1838 paid to that period
H
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692
Polly Porter
wid of James
see let to A. Ferguson
July 30 1840
let 2d April 1841 to A. Ferguson
let: 11 May 1841 to ditto
let: to ditto 3rd July 1841
let: to ditto 4 Aug/41 to (illegible)
Act of July 7 1838
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Polly Porter of James
Tennessee
See let 4 April 1842 A Fergusson
See let 11 July 1842 to Hon. W.B. Campbell
(husband was alive 7 June 1832, see (illegible) opinion)
Suspended
See let 7 Sep '42 A. Fergusson
Act 7 July 1838
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Revy
WIDOW, &c.
File No. 1478
Polly Porter
Widow
James Porter
Priv. Pa. Line
Act:  March 3, 1843
Index: Vol. M. Page 134
[Arrangement of 1870.]
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                   Carthage Tennessee
                    27th March 1843
Sir,
     Inclosed you will find two claims for a Pension to wit Francis Lawson and Polly Porter.  I have endeavoured to follow the form you sent to Nashville and with a view to have the affidavit or Declaration made without erasures.  I have been at the expense of having the form printed whether I have filled up the blanks correctly, you can be the only Judge.  In the Declaration of Francis Lawson I fear I have crowded the last blank too much if so please send it back with such allocations as you wish and I will comply with them.
                     Respectfully,
                     A. Fergusson
James S. Edwards Esq.
Commissioner of Pensions
Washington
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State of Tennessee In Smith County
     I John S. Burnett Clerk of Smith County Court hereby certify that William Moore Esq. has been Revenue Commissioner for District No. 20 in the Year 1836 and has continued every year since as such, and I further certify that from the Reports as records of my office from 1836 to the present year, that the name of John Porter is not to be found among those who are liable to pay taxes.
                      In Testimony whereof I have hereunto set my hand and affixed my seal of office this 2nd September 1842.
                       John J. Burnett Clerk
                       of Smith County Court
(seal)
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                    Carthage Tennessee
                    23rd August 1842
Dear Sir
     I renew the application for a pension in the case of Mrs. Polly Porter widow of James Porter deceased.  The Joint Resolution of both houses of congress reversing the opinion of the attorney General being passed.  Agreeable to that opinion no widow whose husband was alive between the years 1832 & 1838 were allowed Pensions but as it now stands the widows are entitled as heretofore construed by you and the Secretary of War.  As abundant proof has been more than furnished in this case and as a more honest genuine claim cannot be presented for the bounty of the United States I flatter myself you will, without delay Send on her certificate of Pension Soon, Soon as you can do so.
                   Respectfully,
                   A Fergusson

James L. Edwards Esq.
Commissioner of Pensions
Washington
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                         Carthage Tennessee
                          4th June 1842

Sir
     Inclosed you will find the affidavit of John Porter oldest Son of Polly Porter widow of James Porter deceased.  In my last I informed you of the probably existence of the Judge Advocates Book wherein it was said the discharge of John Porter was recorded.
     On further Search upon my going to Alexandria I was informed that the former Colonel previous to the division of Regiment carried it to Smithville which is in an adjoining county.  I am informed by the present Judge Advocate that John Porter has not mustered for the last eight years.  I have taken some pains therefore and took John Porter before William P Hughes Esq a Justice of the peace whose appear acts are herewith inclosed.  There can be no mistake about the age of John Porter the oldest Son which corroborates and agrees with the date of marriage of his parents proved by all the witnesses who had a personal knowledge of the time.  In your letter of 3rd July 1841 you inform me of the difference in the statement of her husband under act of 1818 agreeable to the statement of the old man She being but 48 years in 1824, would make her now but 65 years.  When in fact it is proven by half a days witnesses as well as the old lady herself
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that her marriage was in 1787 or 8 and also that she was 19 or 20 when married at least out of her teens.  Her oldest son is now 55 or nearly so and agreeable to the old mans statement she would be but 10 or 11 years older than her oldest son which is a monstrous mistake.  She is at this time at least seventy five or six.  She was old when married and the best evidence of the period of marriage in the absence of all record proof is the testimony of good men who have known and seen them 28 years.  I insist therefore the old man was grossly mistaken and if he casually made the remark or statement it must be bord down and overballanced (sic) by the weight of testimony filed in this case.  I further insist that this case has progressed from witness to witness without any notes being taken of a previous testimony and agreeable to my recollection the witnesses all substantially agree that the period of marriage took place before 1790.  I have this day wrote a letter to the Honorable William B. Campbell our Representative with a request that he will call and give you such information about the men and their official acts in the case as he may be justifiable in doing.  There is at least 10 years difference in the statements of the old man and those of witnesses.  And having now proved all the facts necessary that were demanded in your letter of the 24th December
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1841 will indulge the hope you will do Justice to the old Ladys claim by allowing the same.
            With sentiments of great Respect and esteem I am,
                Yours truly
                A. Fergusson


JL Edwards Esq.
Commissioner of Pensions
Washington
Page 30

(written vertically)
Polly Porter
May 20th 42
Tennessee
waiting for further proof

JL Edwards Esq
Commissioner of Pensions
Washington

X
(seal)
CARTHAGE TE
APR
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                   Carthage Tennessee
                   19th April 1842

Sir
     Yours of the 4 instant has just been received informing me that the Pension claim of Mrs. Polly Porter widow of James Porter deceased could not be allowed without record evidence as to the period of her marriage.  I am surprised at the decisions you have made in refusing to allow this claim, and I must think that in the last instance you have possibly overlooked the testimony and more especially the decision you heretofore made which I inferred from your letter of the 24th December 1841 in which you required that before a final decision could (can) be had, record evidence showing at what period they (her husband) became free of Militia duty.  In obedience to this I got record evidence from the clerks office showing how long John Porter the oldest was free of taxes and I thought that surely was sufficient and more conclusion than any other record whatever.  I have wrote you before that I had inclosed money and instructions to the clerk of the county court of Guilford County North Carolina, but could never get any return whatever.  I do not recollect that my testimony exhibited shows her to be too young to marry before 1794 and must think you have certainly mistaken the evidence.  I never to my recollection produced such a mass of living witnesses in any case and I think
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the majority of the witnesses state her marriage to have taken place from 1787 to 1789 I am therefore at a loss to account for the change in your opinion since writing your letter of the 4th  December for it regards her husbands statements.  Twenty witnesses can I am sure be produced that knew the old man and lived neighbours to him that heard him speak of the age of himself and wife as well as his children, and therefore his statement in his declaration under act of May 1st 1820 cannot be relied on.  it must have been a mistake in the person drafting his declaration and is entirely without foundation when compared with the weight of testamony supporting the affidavit of his widow Mrs. Polly Porter.  I have no hesitation in saying that a more just and equitable claim never was presented to you.  I must therefore continue that the evidence is sufficient to establish her case were it in a court of law or Equity.
     The Judge Advocate of the Regiment where John Porter lives informs me that the certificate of his being discharged remains on the Just Advocates Books and he has promised to give me a certificate of the same which I will forward as soon as I get it.  In my last letter I wrote you said Book was not in his possession but it now appears that it is.  If it will be any weight in the matter I can get as many responsible men as you may require to go Security to the old Lady that what she asks is nothing but what is her right
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and that what she asks of the Government is Just.  With great respect I am yours truly
                A. Fergusson

James L Edwards Esq.
Commissioner of Pensions
Washington
Page 34

Carthage Tennessee
16th March 1842
Sir  Inclosed you will find the affidavit of William Moore Esqr Revenue Commissioner for the 20th District in Smith County being the civil District within which John Porter the oldest son of James and Polly Porter resides.  Mr. Moore was Captain of a Militia Company and John Porter mustered under him but this was in 1827 and he has kept no muster rolls consequently no record evidence of Porters age can be got unless the Judge Advocates Book can be found of which Esqr Moore can give me no satisfaction.  I have therefore had resort to the records under the Law of our State to Show you the age of John Porter a son of James Porter the Pensioner deceased and also a son of said James Porters widow Polly Porter who is an applicant for a Pension. I trust this is the best kind of a record as to his age and identity.  I hope you will find no further cause to delay the claim any longer but will send the Certificate of Pension as soon as you can
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can conveniently.   The old Lady has been delayed a long time by the misstatements of her husband in his declaration as you on a former occasion explained to me.  I have no doubt under the Sun but the mistake was made without the old mans knowledge as it is as plain as the light of day that the old Lady was married between the years 1786 and 1789 and that her oldest son is now fifty five years old at least and that they had been married more than twelve months previous to the birth of John Porter their oldest son mentioned in the affidavit inclosed
                  Respectfully 
                  A. Fergusson

James L Edwards Esq.
Commissioner of Pensions
Washington
Page 36

State of Tennessee Smith County
On this day personally appeared William Moore before me Nelson Thornton one of the acting Justice's of the Peace in and for Said County and made oath in due form of law that he was Revenue Commissioner ever since 1836 in the 20th District in Smith County and also has acted as Justice of the Peace for said county during the same time and that John Porter who is a son of James Porter decease who was a Pensioner and his wife now a widow whose name is Polly Porter has been a resident in my Civil District no 20 as above and that he the said John Porter was free from paying taxes in 1836 as appears from the records furnished by me now on file in the clerks office at Carthage and by the laws of our State men are tax free after fifty years of age from which I would think him fifty five years old at this time at least. Sworn to and subscribed before me this 12th day of March 1842
                                       William Moore
N Thornton JP
Page 37

State of Tennessee Smith County
I John J Burnett Clerk of the county court of said Smith County do herby certify that Nelson Thornton whose name appears to the foregoing affidavit of William Moore is an acting Justice of the peace as Stated in said affidavit duly commissioned and qualifies to act as such and that full faith and credit are due his official acts and that the Signature purporting to be his are genuine
I further certify that William Moore was revenue commissioner in civil District No 20 in Smith County and that from a careful examination of the records in my office the name of John Porter does not appear on file among those Subject to pay a poll tax in said district as far back as the year 1836. I further certify that the annexed certificate as to the official Character and Standing of William Moore who made the foregoing affidavit was given before this certificate and that the Signature of N Thornton thereto is genuine. In testimony whereof I have hereunto set my hand and affixed my Seal of office this 12th day of March 1842. John J. Burnett clerk of Smith County Court
Page 38

State of Tennessee
Smith County
     I Nelson Thornton one of the acting Justices of the Peace in and for said county do hereby certify that I am well acquainted with William Moore who has made the foregoing affidavit.  That he is an acting Justice of the Peace and a man of truth and veracity and that full faith and credit are due and of right out to be given to his statements.
     In testamony (sic) whereof I have hereunto set my hand and affixed my seal this 12th day of March 1842.
                   N. Thornton JP
Page 39

                  Carthage Tennessee
                  17th July 1841

Sir
      Your letter of the 3d instant is to hand in relation to the claim of Mrs. Polly Porter.  You state that her husband's affidavit or declaration show his wife to be only 46 years of age in 1824.  Now if this is true as her husband states she would be only 65 at this time which seems to be from her appearance is impossible.  She is old and her recollection may have failed her in her age at the time of marriage.  I do not yet believe that I am mistaken in saying that her claim is a legal one.  All her acquaintances agree that her oldest son is over fifty years of age which corroborates with the witnesses who placed the date of her marriage previous to 1794.  I shall therefore endeavour to obtain the most satisfactory evidence in my power to show that the old man perhaps was wrong and further that she was much younger than she says she was at the date of the marriage.  In order therefore to set all things right I have this day addressed another letter to the
Page 40

Clerk of the county court of Guilford County North Carolina in order if possible to obtain some evidence of the marriage and as soon as I hard from him the result will be communicated.
            Respectfully,
                 A. Fergusson

James L. Edwards Esq.
Commission of Pensions
Page 41

                       Carthage Tennessee
                       27th April 1841

Sir,
     Your letter of the 2nd April is now before me stating that the proof in the case of Mrs. Polly Porter is not Satisfactory.  I had thought and so expressed myself in my letter accompanying the proof that the claim was better supported by undoubted evidence.  My recollection is fine, I have left no memorandum, that Mrs. Jane Quato stated in her affidavit that she waited on said Polly Porter at the time.  She and the said James Porter were married and stated the circumstances such as helping her to pull off the glove and joining their hands.  She saw all the marriage ceremony performed and so stated the date. I think was in 1787 or thereabout other witnesses corroborate this testamony (sic) circumstantially and also in your letter of 30th July 1840 you state that any documentary evidence showing that they lived together as man and wife previous to (smudged) would be acceptable.  Now although no documentary evidence has or can be produced yet the testamony of Mr. Alexander and others of Wilson County is certainly conclusive on that point but as what you require can easily be done.  She only lives fifteen miles from here.  I will see the old Lady and as far a
Page 42

as possible comply with your request.  I am sure there is no documentary record nor is there any register of the birth of her children but I know there are some of the children over fifty years of age who can remember circumstances previous to 1794 and there are others who can testify to their age under all the circumstances and with all do deference to your Decision I must think the testamony (sic) must have been overlooked and would like very well for you to reexamine it.
                        Respectfully,
                        A. Fergusson

James L Edwards Esq.
Commissioner of Pensions
Page 43

                        Carthage Tennessee
                        7th February 1841

Sir
     I inclose to you further proof in the case of Mary Porter for a Pension as requested in your letter of 30th July last.  The testamony (sic) is more abundant than in any claim I ever presented having in addition to what has been heretofore furnished proved the same by three good witnesses all of which I refer you to and hope you will send on the certificate without Delay so as to have the same paid in March coming.
                          Respectfully,
                          A. Fergusson
Page 44

Carthage Tennessee
8th June 1841

Sir
Inclosed you will find the additional declaration and statements of Mrs Polly Porter agreeable to the instructions contained in your letters of 2d April and 13th may last requiring to make the proof therein called for
I hope the same will be satisfactory in all things. Please allow the claim and send on the certificate as soon as you can
Respectfully
A . Fergusson

James l Edwards Esq
Commissioner of Pensions
Washington
Page 45

Carthage Tennessee
24th September 1842
Sir
Inclosed you have the record asked for in your letter of 7th instant relative to the claim of Mrs Polly Porter widow of James Porter deceased. I discover in your letter that you are mistaken about Nelson Thorton being revenue commissioner for the district in which John Porter lived. William moore was the revenue commissioner for the district no 20 and which you will see by reference to the affidavit of said William moore before nelson Thorton who is a magistrate in District no 1 The revenue commissioners act under oath and William moore examined John Porter in 1836 being an inhabitant of his district and found him to be over fifty years of age and did not Return his name as being subject to pay taxes and when I called on said William moore to give a statement as to the age of John Porter be examined the returns be made and which was on file in the clerks office and from his not returning the name of John Porter and also his recolection of his age made the statement before nelson Thorton which was sent to you. It is therefore only necessary to show that John Porter name is not to be bound as far back
Page 46

as 1836 in the clerks office as being liable to pay taxes duly certified by the clerk which taken in connection with the statements taken before nelson Thornton and William P Hughes Esq will be substantially the proof asked for in your letter I hope sincerely this is fully explanatory but if not we have only to abide by whatever you will require and we will [^take] proof in this case so long as we can get it being convinced of the Justice and legallaty [legality] of the claim
you will please inform me whether any alteration in the manner of making any applecations for pensions has been adopted by you under the late acts of congress amending the Pension laws
Repectfully
a.Fergusson

PS If the [crossed out word: above] [^instated] should be sufficient by pleased to forward mrs Porter certificate at as early a day as you conveniently can.
Respectfully
a.Fergusson

James L Edward Esq
Commissioner of 
Pensions
Page 47

Carthage Tennessee
17th april 1840
Sir
Inclosed you will find the papers & proof in the case of Polly Porter widow of James Porter for a Pension, his declaration was taken down at the court when she applied for the proof to draw the due her in favor of said James Porter deceased and has been on hand ever since until I found testamony in Christian county Kentucky. I have no doubt of the legality of the claim and believe you will so find it and as such I reccommend it to your favorable decision
                     Respectfully
                     A.Fergusson

James L Edwards Esq
Commissioner of Pensions
Page 48

Report
James Porter

Granted
Page 49

The committee on military pensions to which was signed the petition & James Porter

Report
The petitioner states he entered the service as a militia man in the first regiment of Penn and served a tour of three months in the year 1774 or 1775. He afterwards enlisted under Captain Scott for three years or during the war, was in the battle at fort Washington where he was taken prisoner by the enemy was taken to n york and from thence to Savannah in Georgia. From thence he made his escape and joined the army in n Carolina was in the battle at Guilford Court house and uttaw springs. There he recd two wounds in the leg and one in the head and was honorably discharged by Col Buttler and Genl Rutherford which discharge is last. he was one year a prisoner is now 74 years by age is poor and unable to labor.
Page 50

Robert Shaw and Thomas Hambleton swear that they knew James Porter in the service served a part of the time with him - were with him at the battle of Guilford Court house and at Beaufords defeat, that Porter was a brave man and they believe served till the end of the war and was discharged 
     To the credibility of the above witnesses the Justice testifies before whom they were sworn the committee therefore report a bill


(written vertically)
Report
James Porter
Granted
Page 51

pen: to com: Jan. 1. 1828
$8 per mo:  3rd dec. act
May 20 1829
Rev Rol W. Tenn. Agency
Hon. W. Hall H.R.

(written upside down)
J.L. Edwards
Pension Bureau

rec'd. 18 Jan. 1832
Page 52

City Washington January 17th 1832
J.L. Edwards Pension Agent
Sir
You will be so good as to Issue a certificate to James Porter a revolutionary Soldier, who was provided for by an act of Congress at the last Session, you will direct him paid by the pension Agent in middle Tennessee at Nashville
Mr Porter is now living, and resides in Smith County (Tennessee) about four miles from Alexandrea, Mr Porter authorized me to attend to his business in procuring a pension
Respectfully yours
Obedient Servant
W.Hall
Page 53

Carthage Tennessee
26th November 1841
Dear Sir
Your letters of 3d July and 2d August ultima are now before me in which you state that James Porter in his lifetime stated the age of his wife to be younger than she states in her declaration & that if she was married in her 19th or 20th year she could not have been married previous to 1794. In order therefore to investigate so material a mistake I have seen the old Lady and informed her all about it who was as much surprised as I was when I received your letter. I can say with safety that there is no foundation in truth to the old mans statement and whether it was a mistake in the old man or the one who drafted his Declaration is immaterial as the old Lady is firm in her first statements and says rather than make a statement she knows to be false she will do without all the money that you could give her she says that her husband must have known her age better than that. I think it very possible that the person who drafted the old mans papers must have made the
Page 54

mistake, for they were married in 1787 or 1788. So say all the witnesses and of course in 1828 when the old man made his statement they had then been married 41 years add to this 3 years which the old Lady states was between the time of the marriage and the birth of John Porter the oldest Son and you will see they were then married 44 years so that the old man must be clearly mistaken unless he was describing the length of time he and his wife had been married which I think much more reasonable than giving her age. upon the reception of your letter 3d July I again addressed the clerk of the county court of Guilford county North Carolina postage paid inclosing one Dollar to pay fees in order to get evidince of the marriage but without sucess, he is like other clerks I have sent money to he keeps all. I inclose to you proof to those that the old mans statements are false and that the proof accompanying the old Ladys declaration is correct
I can get twenty witness is of the best character to prove the ages of John Porter and Joseph Porter to be as old if not older than in stated but have sent you
Page 55

sent you but two believing that two was enough to any one fast even if were a case of Prying or high treason. With due deference to your opinion expressed I must say to you that a sufficiency of proof  been given in this case to satisfy the mind of any Circuit Judge or Chancelor surely therefore your rules are not more rigid than those of common law and eaquity. I most respectfully trust therefore you will allow the old Lady her claim I am certain a more genuine claim never was allowed by you I am willing to be responsible for so stating. I hope you will excuse the length of this statement I thought it necessary. I shall expect Mrs Porters certificate of Pension as soon as you can send it conveniently
Respectfully
A. Fergusson

James L Edwards Esq
Commissioner of Pensions
Washington
Page 56

State of Tennessee
Sumner County     ⎬
Robert Shaw and Thomas Hambleton came personally before us William Montgomery and John McMurty acting Justices in said County and being Duly sworn doth say that they are both well acquainted with James Porter who is making application for a Pension We know him to be the same who served in the Revolutionary army in the North Carolina line the first that I the said Shaw new of said Porter was directly after the Defeat at Moncks Corner I cannot tell particular what Officers he was under but shortly after he was under Colonel Buford and was in Bufords Defeat after that he was with General Green We both knew him under Captain Forbes at the Battle of Gilford where Forbis was Killed, and always under stood and believe that said Porter Continued in the army until the end of the War and was there Honorably discharged - When we Were first acquainted with said porter we Understood from him that he had been taken prisoner at for Washington and Continued prisoner Until the British fleet Went to Savanna where he made his escape from them and then Joined our army again as soon as he got in a situation to be fit for duty wither always as far as we knew or heard he was Considered a brave and Useful soldier after Captain Forber was Killed We Knew him under Captain Bell in Whose Company we Understood he Continued until Discharged at the End of the War
      Sworn to and subscribed before us November the 30th 1824
Robert Shane
Thomas Hamilton

Wm Montgomery
John McMurtry

We do hereby Certify that the above Deponents Robert Shaw and Thomas Hambleton we have been acquainted with upon and of thirty years all Which time we have been neighbours and know them to be men of as good Character in point of veracity and their word as much to be depend
Page 57

on as any Given under Our hands November the 30th 1824
Wm Montgomery
John McMurtry

State of Tennessee 
Sumner County        ⎬
I Alfred H Douglas clerk of the Court of pleas and quarter sessions for said County do Certify that William Montgomery & John McMurtry is given whose names appear to the foregoing Certificate & before whom the affidavit of Robert Shaw & Thomas Hamilton was sworn to and acting Justices of the peace in & for said County of Sumner & state aforesaid duly commissioned & qualified & that full faith & credit is due their official acts as such In testimony in whereof I hereunto set my hand and affix the seal of said Court at office this 30th day of November anno Domini 1824 49th year of American Independence
       A H Douglass Clk

State of Tennessee 
Sumner county            ⎬
I James Douglass presiding Justice of the court of pleas and quarter sessions for said county do Certify that Alfred H Douglass is Clerk of said Court duly appointed & qualified & that his attestation as such is in due form of law. Given under my hand this 30th Novr 1824
                       James Douglass Clk
                       Sumner County Court
Page 58

State of Tennessee Wilson County
On this day personally appeared Sarah Osborn a resident of the county aforesaid before me Henry Truett one of the acting Justices of the Peace in and for said county and made oath in due form of law that She was well acquainted with Polly or Mary McClane previous to the her intermarriage with James Porter. They were living at the time in Guilford county north Carolina this affiant lived about three miles from the said Polly or Marys father she was also acquainted with James Porter previous to his marriage with the said Mary This affiant recollects the marriage she has a Personal knowledge of the same she was very young at the time say about nine or ten years she was not at the wedding knows the circumstances as well as any one could do that was not personally present she saw the said James porter and Polly his wife frequently after the marriage they lived in the same neighbourhood several years before they moved to the west This affiant knows they lived together as man and wife and has no hesitation in saying they were legally married This affiant was well acquainted with Jane Quate who lived near Hopkinsville and who she is informed made a statement relative to the marriage of James Porter and Mary his wife they all lived at this time of the said marriage in the same neighbourhood so that this affiant knows all the Principle circumstances of that Period. She said James Porter and Polly mc Clane were married about [blank] day of July seventeen hundred and eighty eight and previous to the first day of January seventeen hundred and ninety five and further this affiant  saith not
Sworn to and subscribed before me this 12th day of January 1841
                    Sarah X Ozment
                       (X her mark)



Henry Truett JP
Justice of the Peace
Page 59

State of Tennessee Wilson County
I Henry Truett one of the acting Justices of the Peace in and for the county aforesaid do hereby certify that I am well acquainted with Sarah Osborn who has made the foregoing affidavit before me that she is a Woman of Respectibility and truth and that full faith and credit are due and of right aught to be given to her statements

In Testimony whereof I have hereunto set my hand and affixed my seal this 12th day of January
Henry Truett JP
Justice of Peace

State of Tennessee 
Wilson County 
On this day personally appeared Johanah Braden aged eighty nine years and also a Pinsioner of the united states before me Henry Truett one of the acting Justices of the Peace in and for said county and made oath in due form of law that she was well acquainted with James Porter and his wife Polly Porter former Polly mcClane they were married in Guilford county north Carolina this affiant lived about one mile from mcClane the said Polly or mary mcClanes father This affiant was well acquainted with the circumstances of the marriage they were married about the year seventeen hundred and eighty eight on the [blank] day of 
she cannot say of [crossed out word] day of the month this was six years before seventeen hundred and ninety for she saw them [crossed out word] after the marriage they lived together as man and wife previous to the first day of January seventeen hundred and seventy four and further this deponent saith not
Sworn to and subscribed before me this 12th day of January 1841
Joanna X Braden
(X her mark)

Henry Truett JP
Justice of the Peace
Page 60

State of Tennesse Wilson County
I Henry Truett one of the acting Justices of the Peace in and of said county do hereby certify that I am acquainted with Joanna Braden who has made the foregoing affidavit before me That she is a woman of truth and veracity and that full faith and credit are due her statements
In testimony whereof I have hereunto set my hand and affixed my seal this 12th day of January 1841
Henry Truett JP
Justice of the Peace

State of Tennessee
Wilson County
On this day personally appeared George alexander before me Joseph Collier one of the acting Justices of the Peace in and for said county and made oath in due form of law that he was well acquainted James Porter and Polly his wife before and after they were married in Guilford County north Carolina at the time they were married this affiant lived about four or five miles from mrs Porters father his name was  mcClane This affiant was about fifteen years of age at the time of the marriage he was not present but has no doubt but they were legally married They were married about the year seventeen hundred and eighty eight but cannot say the day of the month nor the exact year he is certain he saw them living together as man and wife at least four or five years previous to the first day of January seventeen hundred and ninety four They moved to Smith county has seen them several times and knows them to be the same James and mary Porter also this affiant has heard that  James and mary Porter also this affiant has heard that James Porter has been dead some years
Sworn to and subscribed before me this 13th day of January 1841
George Alexander
Joseph collier JP
foresaid court
Page 61

State of Tennessee Wilson County
I Joseph Collier one of the acting Justices of the Peace in and for said county do hereby certify that I am acquainted with George Alexander who has made the foregoing affidavit That he is a man of veracity and truth and that full faith and credit are due and of right aught to be given to his statements
In testimony whereof I have hereunto set my hand and affixed my seal this 13th day of January 1841
Joseph Collier JP
Justice of the peace

State of Tennessee
Wilson County
I Josiah S mcClane Clerk of the county Court of said Wilson county, hereby certify that Henry Truett and Joseph Collier are acting Justices of the Peace in aforesaid county as above and that foregoing signatures purporting to be theirs are genuine.
In testimony whereof I have hereunto set my hand and affixed my seal of office, this 6th day of February 1841
J S mcClane clerk
of the County Court of Wilson County
Page 62

State of Kentucky
Christian County ⎬
On this day personally appeared David Wiley aged about sixty three years and Hanah Findley aged sixty five years both residents of the state and county aforesaid before me Thomas Barnett one of the acting Justices of the Peace in and for said County and made oath in due form of law that they were well acquainted with Mary Porter and James Porter in Gilford county north Carolina at the time they were married which was some years after the war of the Revolution they were not at the wedding but heard all about it Mrs Findley was living about three miles at the time mr mclames the father of mrs Porter James Porter had been in the service and served in the army to the northern Maryland or Pennsylvania and after the war hand no particular evidence until he married although she was not present she has no hesitation in saying that they were legally married as she would have certainly known if it was to the contrary, she became more familiarly acquainted with them after the marriage and has no hesitation in saying they were legally married they were married on the day of July 1788 David Wiley states that he was not at the wedding of James Porter and mary mcClane but has no hesitation in saying from his acquaintance at the time and since that they were legally married this affiant lived about six miles from them at the time of the marriage he knew them intimately after the
Page 63

marriage for fifteen years during the time they lived in north Carolina and since they moved to Tennessee he has seen and stayed a day or two with them and knows that mary Porter is the same identical person and the wife of the said James Porter who died in Smith County and state aforesaid they were married about the year 1788 on the [blank] day of July and previous to the 1st day of January 1794
Sworn to and subscribed before me this this 4th day of march 1840
David Wiley
Hanah Findley 
[handwritten x]
her mark
Tho Barnett JP
Justice of the Peace

State of Kentucky }
Christian County }
On this day personally appeared Jane L Quiete a resident of the state and county aforesaid aged sixty seven years who being duly sworn according to law doth on her oath depose and say that she was well acquainted with mary mcClane and James Porter before they were married in Gilford County north Carolina she lived about a short mile from mr mc Clane her father at the time they were married and waited upon mrs mary Porter at the time she and James Porter were married she was present and saw them married they were married by a Justice of the Peace by the name
Page 64

of Cottone they were married on the 15th day of July 1788 to the best of her recollection she was about fifteen years old or sixteen at the time and this affiant was about six or seven years old the time the battle of Gilford was fought she recollects of hearing the guns this affiant was intimately acquainted with both parties that is with mary mc Clane and James Porter he had not particular place of residence at the time of the marriage he had served in the army to the north and came there after the war a young man and had his home about two miles from where this affiant lived recolects when they stood up to be married this affiant puled off her Glove and the other waiter Joined their hands and the ceremony was performed by the Justice aforesaid this [^was] previous to the first day of January 1794 knows that she is the identical mary Porter now living in Smith County & state of Tennessee the wife of James Porter who is now dead and that they were legally married in manner and since above stated
Sworn to and subscribed before me this 4th day of march 1840 
                           Jane Quaite [seal]
Tho Barnett JP
a Justice of the Peace
Page 65

State of Kentucky Christian County
I Thomas Burnett one of the acting Justices of the Peace in and for said County do hereby certify that I am well acquainted with David Wiley Hanah Findley and Jane Quiete who has this day appeared before me and made the foregoing affidavits that they are Citizens of respectability and truth and that full faith and credit are due and of right aught to be given to each of their statements
In testimony whereof I have hereunto set my hand and affixed this seal of the 4th day of March 1840
(written vertically)
6982

Tho Barnett JP
a Justice of the Peace

Commonwealth of Kentucky 
County of Christian, to wit 
I Abraham Stiles the Clerk of the County Court of said County do certify that Thomas Burnett, Gentleman, whose name appeared to be subscribed to the foregoing certificates was at the time of making the same and is now an acting Justice of the peace in and for the said County duly commissioned & qualified, that full faith is due to his official acts & that his signature appears to be genuine In testimony whereof I have hereto set my hand & affixed the seal of said Court the 5th day of March 1840 and in the 48th year of said Commonwealth
attest
Abram Stiles
G.G.G.G
Page 66

State of Tennessee Smith County
On this Day personally appeared David Thomason and Beverly M.C. Langford before me Jonathan I Faire one of the acting Justices of the peace in and for said county and made oath in due form of law that they have been acquainted with James Porter in his life time and his wife Polly Porter in the last twelve years past and that they are will well acquainted with John Porter the son of said James and Polly Porter that they believe said John Porter to be fifty three years of age from the fact of believing the said James Porter and Polly his wife relate the ages of their children and also from the fact that the said John Porter having ceased to muster in the militia  muster of the state Pa the last eight years they have lived close neighbours to the said James and Polly Porter and know them to be pious well desposed citizens and every way entitled to the utmost credit in truth and veracity
Sworn to and subscribed before me this 31 day of October 1841
David Thomason
[handwritten x]
his mark
B MC Langford
Johnathan L  Faire JP
Justice of the Peace

State of Tennessee Smith County
I Johnathan L Faire one of the acting Justices of the peace in and for the county aforesaid do hereby certify that I am well acquainted with David Thomason and Beverly mc Langford who have this day appeared before me and made the foregoing affidavit that they are citizens of the county of Smith aforesaid and men of respectability and truth and that full faith and credit are due and of right aught to be given to their statements
In testimony whereof I have hereunto set my hand and affixed my seal this 31 day of October 1841
Jonathan L Faire JP
Justice of the Peace
Page 67

State of Tennessee Smith County
I John J Burnett Clerk of the County Court of said Smith County do hereby certify that Johnathan L Faire whose name appears to the foregoing affidavit of Joseph Porter David Thomason and Beverley M.C. Lanford and the certificate of credibility was at the time the same purports to bear date and now is one of the acting Justices of the peace in and for the county aforesaid duly commissioned and qualified to act as such and that full faith and credit are due his official acts and that the foregoing signatures purporting to be his are genuine
[seal]
In testimony whereof I have hereto set my hand and affixed my seal of office at office, this 26th November 1841
John J Burnett Clerk
Of Smith County Court
Page 68

Be it remembered that at this day came here in open Court James Porter, and filed the following declaration preparatory to his application for a pension from the United States. 

State of Tennessee 
Smith County
Circuit Court       October Term 1822
    On this the 15th day of October 1822 personally appeared in open Court it being a Court of Record James Porter aged sixty nine or seventy years, a resident in the County and State aforesaid who being first duly sworn according to Law doth on his oath declare that he served in the Revolutionary war nearly three years, that after serving in the militia three months alluded to in a declaration made by him on the 21 day of May 1821, which has been returned for amendment, that he enlisted in the regular army in a regiment called the Flying Camp in the Pennsylvania line commanded by Colonel Robaden or Colonel Green or both of them, he is not certain which or whether
 both, in Capt Scott’s company of said regiment and was enlisted by said Capt. Scott, for three years or during the war, that he enlisted as he believes on July or Aug 1774 or 1775 [sic] at Amboy New Jersey and he believes it was called the first regiment of Flying Camp, that he was in the battle at Fort Washington, where he was taken prisoner by the enemy and was carried from thence to New York, from thence taken aboard a prison ship by said enemy  carried to Savannah in Georgia, where he made his
 escape, making upwards of three years from the time he inlisted until he made his escape, while he was going from the place of said escape to join the regular army in the North he was taken sick, which sickness disabled him from traveling about six months and was naked and not able to travel until the next spring at
which time he joined the army under Generals Bluford and Green in the South during which time he was in the battles and under the officers named and alluded to in the declaration on the 21 May 1821 and continued in said army till the end of the war, when he was honorably discharged which discharge he has lost.  And I solemnly swear that I was a citizen resident of the United States of America and
Page 69

the 18th day of March 1818 and that I have not since that time by gift, value or in any manner disposed of my property or any part thereof with intent thereby to be diminished my estate as to bring my self within the provisions of act of Congress, entitled an act of Congress to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary War passed on the 18th day of March 1818 and that I have not, nor any person in trust for me any property or securities contracts or debts due to me, nor have I any income other than what is contained in the schedule annexed and by me subscribed, to wit  one mare, one cow, seven head of hogs, (three of them grown the other four pigs)  two ovens, one plough, that he owes fifteen dollars and
one dollar owing to me, has a wife named Mary near sixty years old and has two children, a son about twenty years of age deformed and helpless, a daughter, about sixteen years old and that I am a farmer by profession and so infirm as not to be able to labor and cannot live without public or private charity.
                             James X Porter
                                (X his mark)
Sworn to in open Court
16 October 1822
                      Will Hart Clerk

Whereupon it is considered by the Court that the total amount in value of the property set forth and exhibiting in the foregoing schedule be and is hereby estimated at sixty four dollars, and that the same be certified by the clerk.  And it is ordered by the Court that the clerk draw up a transcript of said declaration and of the proceedings said thereon in this Court and that he certify the same under this hand and seal.
Page 70

State of Tennessee 
3 Judicial Circuit 
Smith County

I William Hart Clerk of the Circuit court for the county aforesaid do hereby certify that the foregoing Transcript contains a true copy of the declaration of James Porter (an applicant for a pension) and of the proceedings had thereon in this Court, as appears from the original on file in my office - that the total amount in value of the property exhibited and set forth in the foregoing schedule was (illegible) at sixty four dollars as there in set forth - and I do hereby further certify that this court is a court of record.

     In Testimony whereof I have hereunto set my hand and affixed my private seal (there being no seal of office) at office in Carthage this 18th day of October Anno Domini 1822 and of the Independence of the United States the 
Will. M Hart. Clk
Page 71

State of Tennessee Smith County
On this 24th day of November 1824 personally appeared in open court being a court of record, for the County of Smith James Porter aged about seventy one years, and a resident in the aforesaid County of Smith, who being first duly sworn according to law doth on his oath make the following amendment to his former declaration in order to obtain the provision made by the act of Congress of the 18th of March 1818 and the first of May 1820- That he the said James Porter enlisted for the term of three years or during the war in the summer of the year 1776 in the State of New Jersey, in the company Commanded by Captain Scott, in the Regiment Commanded by Col Green in the line of the state of Pennsylvania on the Continental establishment that he Continued to serve in the said Corps until he was taken prisoner at Fort Washington, on York Island within four or five months after his inlistment and after being in possession of the enemy for more than twelve months made his escape on Savanah River, and went to Saulsbury in north Carolina where he joined a company of Cavalry Commanded by Captain Gillifalls to which course he was activated by the officers, who informed him that there was no fighting in the north whither he was going for the purpose of rejoining the Continental army. Captain Guilifalls from Saulsbury went to South Carolina accompanied by the declarant on entering which state, Guilifalls entered into Col Beauford Regiment and after Guilifalls death the declarant entered into Captain Stakes Company in which company of Stakes & Regiment the declarant Continued to serve until Col Beaufords defeat in South Carolina
Page 72

after whose, he remained in service in Captain Forbes company belonging to Regiment of Col Pauly until Gen Green came to South Carolina. at which time he entered into service under Gen Green by whose special directions he acted sometimes as a scout, at other times in assistance of militia Captains, & other times in bearing messages, until he was discharged from the service in the state of North Carolina in the summer season of the year 1783 according to the best recollection of declarant - That he was in the battles of Staten Island which in the militia services before he enlisted. That he was after he enlisted in the Continental service in the Battle of Fort Washington, and York Island, Commanded by Captain Scott. after he made his escape from the British, he was in the Battles of Moncks Corner, South Carolina, of Beaufords defeat, of Guilford, & of Eutaw Springs - That he has no other evidence now in his power of his said services except Samuel Walker, Robert Isham, and Thomas Hambleton. And in pursuance of the act of the first of may 1820. I do solemly swear that I was a resident Citizen of the united States on the 18th day of March 1818. and that I have not since that time by gift- sale or in any manner disposed of my property or any. part thereof with intent thereby so to diminish it as to bring my self within the provisions for certain persons engaged in the land and naval services of the United States in the Revolutionary War passed on the 18th day of March 1818. and that I have not, nor has any person in trust for me any property as securities, contracts or debts due to me, nor have I any income other than what is contained in the schedule hereto annexed sworn and subscribed
James Porter
[hand written x]
his mark

an enumeration of articles of property belonging to the declarant. 1 Cow & calf 1 Horse 2 years old - 1 law & 7 pigs. 8 hogs 1 years, 1 Plough, 1 axe, 1 hoe, 1 sprouting hoe - A farmer by occupation. He is not able to do more work in one day than a good hand
Page 73

aught to do in one hour. He has a wife by the name of Mary about fourty eight years of age. Who had one

State of Tennessee 
Smith County 
On this 24th day of November 1824 personally appeared in open court, being a court of record (having the power of fine and imprisonment) Smith aforesaid James Porter aged seventy three years, resident in said county, who being first duly sworn according to law, doth on his oath declare the served in the revolutionary war as follows under Capt Wm Scott Coln Greens Regiment, and line of Pennsylvania, and the continental establishment, & under various officers whose were not in the continental establishment
     I do solemnly swear that I was a resident Citizen of the United States on the 18th day of March 1818. and that I have not since that time by gift sale or in any manner disposed of my property or any part thereof- with intent thereby to diminish it so as to bring myself within the provisions of the act of Congress intitled an act to provide for certain persons engaged in the Land and naval service of the united states in the Revolutionary War passed on the 18th day of March 1818., and that I have not nor has any person in trust for me, any property or securities, contracts or debts due to me, nor have I any incomes other than what is Contained in the schedule hereto annexed. and by me subscribed- an enumeration of the property, of the articles of property belonging to the applicant - 1 Cow & Calf - 1 Horse 2 years old, 1 Law & seven pigs, 8 hogs 1 years old, 1 Plough, 1 ax, 1 hoe, 1 sprouting hoe - The applicant is a farmer by occupation, is not able to do more work in one  day I than an able bodied man should do in one hour. He has a wife by the name of Mary aged about 48 years, who has one
Page 74

arm broken and can do but little work he has one son named Alexander 22 years of age, deformed and not able to do any work, and one daughter named Sally about 18 years of age and able to do good work. 
James Porter
(X his mark)
Sworn to in open court 24th Nov. 1824
attest 
J. Pickett Clk


State of Tennessee Smith County
I Jonathan Pickett Clerk of the court of pleas and quarter Sessions for said county, do hereby certify that the foregoing oath and schedule thereto annexed, are truly copied from the Original now on file in my office - and I do further certify that it is the opinion of said Court - that the total amount in value of the property exhibited in the aforesaid schedule is forty nine dollars

In testimony whereof I have hereunto set my hand and affixed the seal of said Court at office in Carthage this 13th day of December 1824 and 49th year of our Independence
J. Pickett Clk
Page 75

196
Declaration of 
Polly Porter



 $80 per an



A Fergusson
Carthage
Tenn
Page 76

DECLARATION
In order to obtain the benefits of the Act of Congress, of the 3d March 1843, granting Pensions for one year to certain Widows who have received Pensions under the Act of July 7, 1838.

STATE OF Tennessee } SS.
Smith COUNTY.

On this 25 day of March 1843 personally appeared before the Subscriber, a Justice of the Peace in and for the State and county aforesaid, 
Polly Porter a resident of Tennessee in the county of Smith aged eighty four years, who being first duly sworn, according to law, doth on her oath, make the following declaration, in order to obtain the benefits of the provision made by the Act of Congress, passed on the 3d March, 1843, granting pensions to widows of persons who served during the Revolutionary War- That she is the widow of James Porter who was a Pensioner of the United States and served as a Private in the Revolution she further declares that she was a Pensioner at the rate of eighty dollars per annum under act of 7 July 1838
Polly Porter
[handwritten x]
her mark

Sworn to and subscribed on the day and years above written before me, 
attest 
A Fergusson
Gregory Moore Jp JUSTICE OF THE PEACE.

STATE OF Tennessee }
Smith COUNTY. }
I John J Burnett Clerk of the County Court of said Smith county, hereby certify that Gregory Moore whose name appears signed to the foregoing affidavit and certificate is, and was at the time of signing the same, an acting Justice of the Peace in and for the County aforesaid, duly commissioned and qualified as such according to law, and that the foregoing (seal covering words) his are genuine.

In testimony whereof, I have hereunto set my hand, and affixed my seal of office, at office in the Town of Carthage this 17 day of March 1840 John J Burnett CLERK of Smith COUNTY Court }
Page 77

State of Tennessee Smith County

On this day personally appeared Polly Porter before me Jonathan L Faire one of the acting Justices of the Peace in and for said County and made oath in due form of law that in addition to her former declaration made in the matter of the application for a Pension she states that she has no record evidence or other Documentary evidence of her marriage with the said James Porter nor has she any record of the births of her children she has had six children the oldest is living named John Porter and is going in his fifty second year she was married three years before the birth of her first child the said John Porter she was married about the year 1786 or 87 as stated in her first declaration or as it should have been stated agreeable to the best recollection she now has. her marriage together with the ages of her children were all wrote down in her family bible but her children carried it to school as a Book to read in and they tore out and destroyed the record a great many years since said record was wrote in the hand writing of her husband James Porter deceased, her second son Joseph Porter was born about two years and three months after John, her first was born and [smudge] this was about the year 1793 and John her first was born in 1790 The next was Ann born about two years and one half after Joseph and her next alexander was born about 2 yr after Ann her next was James born 2 yr after alexander her last Sally born 4 years after James. She was not grown at the battle of Guilford she thinks about thirteen and she was married about six or seven years afterwards which would make her about nineteen or twenty at her marriage this all from the best recollection she has not the ages of her children, she has but four children alive to wit John born in 1790 and Joseph and Sally and James three is but one of her
Page 78

children living with her and that one is Joseph she recollect of leaving the guns at the battle of Guilford she is now very old but recollects a great many things that took place James Porter and this affiant were married about six years after the battle of Guilford or it might not have been so long and further this deponent is advised it is not material for her to state 
Sworn to and subscribed before me this 5th day of June 1841
Polly Porter
(X her mark)
J.L. Faire JP
Justice of the Peace

State of Tennessee
Smith County
I Johnathan L Faire one of the acting Justices of the Peace in and for the county aforesaid do hereby certify that I am well acquainted with Polly Porter who has made the foregoing affidavit before me that she was and now is a woman of truth and veracity and that full faith and credit are due and of right aught to be given to her statements I have known her for the last eighteen years I also knew her husband James Porter in his lifetime they have lived for the most part of that time one mile and one half of me.
In testimony whereof I have hereunto set my hand and affixed my seal this 5th day of June 1841
JL Faire JP
Justice of the Peace
Page 79

State of Tennessee Smith County

I John Burnett Clerk of the county Court of said Smith County do hereby certify that Jonathan L Faire whose name appears to the foregoing affidavit of Polly Porter and to his certificate of her credibility was at the time the same purports to be on Date and now is one of the acting Justices of the Peace in and for the county aforesaid duly commissioned and qualified to act as such and that full faith and credit are due his official acts and that the foregoing signatures purporting to be his are genuine.
[seal]
      In testimony whereof I have hereunto set my hand and affixed my seal of office this same 1841
John J Burnett 
of Smith County Court
Page 80

James Porters Papers
----------
Feb 11. 1828
Rep-DCon - Mil. Pensions
Ap. 29. 1828. Bill reputed no. 283

December 5. 1828
ref. to the Com. on Mily. Pensions

Dec. 16th 1829
Ref. to Com. mily. Pensions
Carthage
Dec 28th
Hon.

[Written vertically]
Pension Him
recd 12 Jany 1828

Resol. heretofore
Desha. 61. Pensions
Page 81

                        Free
Robert Desha
Washington
C. District
Page 82

Smith County Tenn
25th December 1827

Dear Sir
My situation prompts me to trouble you about matters in which I have been engaged for several years, without success I am well satisfied that according to an act of Congress I am entitled to a pension for my services in the Revolutionary War. I have forwarded a Declaration and an amended Declaration to the war department, I have Recd for answers that my pension Cannot be allowed principally on the Ground that the officers which I have named as having served under was not on the List of Continental Officers
I Will to give you a True narration of my services hoping you will give me some aid in this matter
I first went from Lancaster City Pennsylvania a three months tour as a militiaman at the End of 3 months I enlisted at Amboy under Capt Scott for during the war I recollect after this we were commanded by General Lee, who was then called old General Lee, he was [illegible] its officer as I understood of the artillery Capt Scotts Company, was called a flying company about 4 months after my enlistment I think it was I was taken prisoner at Fort Washington by the British from that place we were taken down to
Page 83

New York I think I was a prisoner with many others at different places for about 2 years & 9 months I was at Savannah on Board a prison ship & made my escape by means of a small Boat in company with three others.   I Then attempted to Return to Pennsylvania but took sick at Camden in S Carolina in the spring of the year I went on to Salisbury N. Carolina I was there told by Officers that my services was most needed in that quarter as the British was expected at Charleston I accordingly joined a Capt Guila Falls. I went on I was engaged in the service until the end of the war sometime under one & then another officer as occasion might Require as stated in my Vauaus declaration, I hope you will examine into my Business & see whether a man who served his Country under every Circumstance not regarding the name or grade of officers under whom I fought I felt myself bound by my enlistment to serve during the war and did so faithfully as I am all have proved. When we escaped from the prison ship we were told that a general provision was made for the special Benefit of those that were taken at Fort Washing [sic: Washington] & that they were to be protected so far as the civil authority could [illegible] to their respective houses 
                                     James Porter
                          Yours
                          Hon Robert Desha