Revolutionary War Pension and Bounty Land Warrant Application File W. 10890, for David Phillips, North Carolina
Page 1

[typed form, with handwritten responses]

[3-1776] 

SERVICE
N. C.
Va.

Phillips, David or Philips
              Agnes

NUMBER 
W.10890
B.L.Wt.54235-160-55

Born in N. C.
CONTENTS
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[typed form, with handwritten responses]

6357
Tennessee
Agnes Phillips
widow of David Phillips

who served in the Revolutionary 
N. C.
war, as a Private

Inscribed on the [^ Nashville] Roll at the rate 
of 26 Dollars – 66
cents per annum, to commence on 
the [crossed out 3d February, 1853] 4th March 1861 
{Payable Josiah Phy 
{Administrator

Certificate of Pension issued 
1st day of June 186[Illegible] 
and sent to Josiah Phy 
Cookeville 
Putnam Co Tenn.

Recorded on Roll of Pensioners under act
February 3, 1853, Page 255 Vol. 26
J. N. Smith Clerk 
Sent
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[typed form, with handwritten responses]

7596
David Phillips
of Jackson Co. in the State of W. Tenn. [Tennessee]
who was a private in the Company commanded by Captain Morton of the Regt [Regiment] commanded by Co [Colonel] Wilson in the ---- line for 8 months

Inscribed on the Roll of West Tennessee
at the rate of 26 Dollars 66 Cents per annum,
to commence on the 4th day of March 1831.

Certificate of Pension issued the 3 day of May
1833 and sent to James T Quarles Gainsboro

Arrears to the 4th of March   53.32
Semi=anl. [annual] allowance ending   13 .33
$66.65

{Revolutionary Claim}
{Act June 7, 1832}

Recorded by Daniel Boyd, Clerk
Book E Vol. 7 Page 92
Page 4

[left side of page and written sideways through text] 54235 Jany 27/57

[left side of page] 219845 act mar Oct 26/35 
Agness Philips wid [widow] of David Phillips Pri [Private]
Capt [Captain] Brashears 
Ad:160 [Illegible] 23d/57 Boyton 
Revoly [Revolutionary] War 
Ins June 4 & Feby [February] 48
Tenn June 32 – 1596
S.C.

H. H. Dillard Cookeville Putnam Co Tenn

[right side of page] Sct. H. H. Dillard; Sept. 22, /56 
End P


Vol P. 82.
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[right side of page] No 23023 
David Phillips Jackson County Tennessee 
from 1780 private 8 months 
$26.66/100 

3

Jas T. Quarles Gainsboro, Tennessee
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[typed form, with handwritten responses]

WAR DEPARTMENT
PENSION OFFICE

183

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 a 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 show what is necessary to be done these points to which your attention is more particularly directed, you will find marked in the margin with a brace, (these:}). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A STATEMENT, showing the Service of David Phillips Jackson County Tennessee

[column headings: Period when the service rendered: Duration of the claimant’s service. Year Month  Day: Rank of the claimant's: Names and Rank of the Company officers under whom he served: Names and Rank of the General and Field officers: Battles in which the applicant was engaged: Country through which he marched: Place of abode when he entered the service, and age a the present period: Evidence by which the declaration is supported.]  
1.  Drafted Jany [January] 1780 for 5 months; Cap [Captain] Brashears Col [Colonel] Oneal Marched to Guilford Court House & over the Yadkin & to McGees Old Field Marched cross Dan River at Dicks Ferry to Boyds Old Mill to Guilford Court House 77 years old Guilford County N. Carolina Traditionary evidence Clergyman &c witness certified credible paper legally authenticated

2.  Drafted Jany [January] 1781 for 3 months Cap [Captain] Morton Gl [General] Green Col. Wilson Guilford C. House

I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions
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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, musicians 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. 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. 
[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. 
1               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 day 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 bis 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 alleged service, as they are known at the Department. A very full account of the services of each person
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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.} {To an Officer.} Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? 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 he 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 enquiry 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 trans nit 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. ln a case where the applicant cannot, by reason of 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 authority; 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 in 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 in 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 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 signatures of the magistrate must be certified by the proper officer, under his seal of office. 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 to [illegible] 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.
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David Phillips
23023
Page 10

State of Tennessee} 
County of Jackson} SS. 
On this twelfth day of February 1833 personally appeared in open Court, before John McCarver, John Graham, and Tandy K. Witcher Justices of the Court of Pleas and Quarter Sessions for the said county of Jackson now sitting being a court of record, David Phillips a resident of the county of Jackson and state of Tennessee aforesaid aged seventy seven years, who first being duly sworn according to law doth on his oath make the following declaration, in order to obtain the benefit of the Act of Congress passed June 7 , 1832. 

That he entered the service of the United States in Guilford County, State of North Carolina where he then resided in January the day not recollected in the year 1780 being drafted for nine months under Captain Brashears [Asa Brashears] Lieutenant and ensign not recollected marched under said Captain to Guilford Court house and joined a Regiment commanded by Colonel Oneal, the Major of the regiment was named Blair. He marched from Guilford courthouse under said officers, crossed Yadkin River at Trading ford then down said river which he again crossed and marched to McGee's old field where in June 1780 he was verbally discharged by his Captain having been five months in the service. Burt received o written discharge during the above term of service he was sometimes engaged in scouting parties—was with no other regular officers during said term. 

Applicant again entered the service of the United States in Pittsylvania county State of Virginia where he then resided on the first of January 1781 as a substitute for a man whose name he has forgotten who was drafted for three months, under Captain Joseph Morton, Lieutenant and ensign not recollected. Colonel Wilson and Major Lytle the number of the regiment he does not recollect. He marched under said officers from Pittsylvania courthouse crossed Dan River at Dick's Ferry—thence to Boyd's old mill near the line of Guilford county North Carolina where he joined the army commanded by General Green [Nathanael Greene], then marched
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with the army to Guilford court house encamped there all night then marched next morning which was the 15 March to Haskin's old field near Guilford court house where the battle of Guilford was fought applicant was in the battle two of his messmates, John McMillian & Amos Roberts were wounded in the action. The American army was defeated and retreated to Colonel Perkins Iron works on Troublesome Creek waters of Haw River. Applicant then with the army under said officers marched to New Garden Settlement about the line of Guilford County, his time of service expired and he was discharged from the service by Captain Morton first of April 1781 which discharge is lost. He served out his full term of three months. After he crossed the Dan River and before he arrived at Boyd's old mill he crossed the Haw River at High Rock ford. Does not recollect the names of any of the continental regiments or companies with which he served, recollects no regular officer but Genl Green [General Greene]. Recollects General Stephens [Edward Stevens of Virginia]. Applicant was born in Caswell County, State of North Carolina, 24 December 1755 the record of his age is in his Uncle Abram Philips' possession [^ in Rockingham County], State of North Carolina. He has no copy of the register in his possession. Since the Revolutionary War applicant has lived in Edgefield District South Carolina, Wilkes County Georgia, in the County of Buncombe North Carolina & in the counties of Washington, Cook, Blount, Sevier, and White, Tennessee and he now resides in Jackson County, Tennessee. He has no documentary evidence and he knows of no person whose testimony he can procure who can testify to his service. The names of some of the persons to whom
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applicant is known in his present neighbourhood, and who can testify as to his character for veracity and their belief of the services as a soldier of the revolution are Michael Taylor, James Young, and John Welch. 
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 the agency of any State. 
David [his x mark] Phillips
Sworn to and subscribed, the day and year aforesaid, 
William Gailbreath, Clerk 

We Jonas Griffith a clergyman residing in the County of Jackson and State of Tennessee and James Young residing in the same county and State hereby certify that we are well acquainted with Davis Phillips who has subscribed and sworn to the above declaration; that we believe him to be seventy seven years of age that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the Revolution and that we concur in that opinion 
Sworn to and subscribed the day 
and year aforesaid 

William Gailbreath Clerk 
Jonas Griffith
James [his x mark] Young

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 Jonas Griffith who signed the preceding certificate is a Clergyman resident in the County of Jackson and State of Tennessee and that James Young who also signed the same is a resident of said County of Jackson and State of Tennessee and is a credible person and that their statement is entitled to credit. 

John McCarver 
John Graham
Tandy K. Witcher
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I William Gailbreath Clerk of the Court of Pleas and Quarter Sessions for the County of Jackson aforesaid do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of David Phillips for a pension. 
In testimony whereof, I have hereunto set my hand and seal of Office this 13th day February A.D. 1833 

William Gailbreath Clerk
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[typed form, with handwritten responses]

DECLARATION 

Of Mrs. Agness Philips aged about 85 years, a resident of Putnam county, state of Tennessee who has never received a land warrant, made before James M. McKinney a Justice of the Peace in and for Putnam county. aforesaid duly authorized by law to administer oaths for general purposes. 

I, Agness Philips above named and described, do make the following statement, viz: I am the widow of David Philips deceased, who was a private Captain Brashears company of     commanded by      in the service of the United States, in war of the Revolution 
My said husband entered the service at (or near)     on (or about) the     day of    A. D. to serve a term of      in said war, and continued in actual service therein for the term of      and was      at (or near)           on (or about) the day of      A. D. as will appear by 

I was married to said David Philips in Edgefield District South Carolina on the        day of 1787 A. D. by one Abram Marshall a minister of the Gospel and my name before said marriage was Agnes Ashley. My husband the above named David Philips died in Jackson County Tennessee on (or about) the     day of October 1846 A. D., and I am now a widow. 

I make this declaration for the purpose of receiving the benefit of the bounty land Act of Congress, approved March 3, 1855 never having heretofore applied for or received the benefit of this or any other act of Congress. 

My husband David Philips was drawing pension [^ for service in the Revolution] at the time of his death and had been for a number of years to the amount of twenty six dollars and 75 cts. [cents] The above declaration is made from information given me by him during his lifetime 
Agnes [her x mark] Phillips 

NOTE -- Claimant must also furnish the best proof that she can of her marriage to soldier, of his death, and her present widowhood. For proof of marriage; first a public record, or if none, then a copy of a private one, or of the birth of their children duly authenticated, and its genuineness proven by the oath of a disinterested person. If there be neither public or private record, the fact should be mentioned in her declaration, and then other evidence, either private statements of persons present, or of persons who knew them during the life of the husband to live together as husband and wife will be admissible. 

Address to H.H. Dillard Cookeville Putnam Tenn
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[typed form, with handwritten responses]

AFFIDAVIT.
Of Robert G Burton aged 41 years, a resident of Putnam county, Tennessee and Josiah Phy aged 55 years, a resident of Putnam county, Tennessee

WE THE UNDERSTAND above named and described, do certify, that Mrs.       did this day sign and acknowledge the above declaration in our presence, and we believe from her appearance. and statements, that she is the identical person that she therein represents herself to be, and we are disinterested witnesses. 
Robert G. Burton 
Josiah Phy

The foregoing declaration and affidavit, were sworn to and subscribed before me, on the day and year first above written, and I certify that the affiants are credible persons, and that from my acquaintance with the above named declarant and the above statements, I am fully satisfied of the identity of said declarant as she represents herself, and I am disinterested. 
James M. McKinney {JP}
Putnam County

STATE OF Tennessee}
COUNTY OF Putnam} SS. 

I Russel Moore Clerk of the County Court in and for said county, do certify that James M. McKinney whose genuine signature appears to the above certificate, was at the date hereof justice of the Peace in and for said county, duly commissioned and qualified. 

WITNESS my name and seal, at my office in the Town of [Illegible] on this 24th day of October 1855.
Russel Moore clk [Clerk]

[duplicate of above crossed out]
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State of Tennessee Jackson County 

On this 21st day of April 1852 personally appeared before the undersigned a Justice of the Peace in and for said County & State Agnes of Philips aged Eighty Two years a resident of Jackson County Tennessee with whom I am personally acquainted and made the following Declaration in order to obtain the benefit of the provision of the act of Congress passed 17th of June 1844 and 2nd of February 1848 &c, 

That she is the Widow of David Philips decst [deceased] who was a Revolutionary Pensioner of the United States under act of     18     at the rate of Thirty Six 75/100 Dollars per annum that he died in Jackson County State of Tennessee on the 17th day of November 1846 and who drew his pension at Nashville Tennessee and that she still remains his widow She further states that she was married to the said David Phillips in Edgefield County State of South Carolina the day of the year Seventeen hundred and Eighty five that she has in her possession no Record or other documentary evidence in support of said Claim or in proof the Marriage.

Agnes [her x mark] Phillips {Seal}

Sworn to and Subscribed before me on the day and year above written 
John Terry JP
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State of Tennessee} 
Jackson County} To the Commissioner of Pensions Washington Citty [City] Sir I Request that if I am entitled to a pension that the certificate these for be sent to John H Carr of Jackson County Pekin Post office Tennessee who I constitute and appoint my Lawful Attorney in fact for that purpose signed sealed and delivered in presence of 
Josiah Phy 
Agness [her x mark] Phillips {Seal}
Charles Huddleston 

State of Tennessee Jackson County [date crossed out April 21st 1858] 
I John Terry an acting Justice of the Peace for said County & State duly authorized by law to administer oaths do hereby certify that Agness Philips who signed the above Power with whom I am personally acquainted acknowledged the same to be her act and deed.
In testimony whereof I have 
hereunto set my hand and seal
 this 21st day of April 1852 
John Terry J. P.

State of Tennessee} 
Jackson County} I Sampson W Cassetty Clerk of the County Court of said County do hereby certify that John Terry Esq [Esquire] who the foregoing affidavits and certificates and Acknowledgment and annexed affidavits is and was at the time of Signing the same an acting Justice of the Peace in and for said Said County duly commissioners and qualified and that the Signatures thereto purporting to be his is genuine 
{In testimony whereof I have 
{hereunto set my hand and affixed 
{my seal of office this 22d [22nd] day of 
{May 1852
{S W Cassetty Clerk
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State of Tennessee} 
County of Putnam} On this 10th day October 1866 personally appeared before me the undersigned an acting Justice of the Peace in and for said County & State Josiah Phy Administrator of the estate of Agnes Phillips deceased and being first duly sworn according to law:- makes the following statement, towit, He states that the above named Agnes Phillips was the widow of David Phillips dec.d [deceased] who was a private in the revolutionary War and as such widow was inscribed on the Pension List at the rate of twenty six dollars and sixty six cents per annum commencing on the 3d [3rd] of February 1853 & continuing for life or during her widowhood-- he further states that said Agnes Philips regularly received her pension under her Original Certificate as such widow until about the 4th Sept 1860. And that she never drew any more or received any thing [^ further] under said Certificate up to the date of her death - that she died in Putnam County Tennessee on the 4th day of June 1864 intestate and that he (affiant) was on the 1st day of October 1866 appointed by the County Court of Putnam County Tennessee Administrator of the estate of said Agnes Phillips dec.d [deceased] and as such was duly qualified: He further states that he knows the fact and has often seen in her possession her Original Certificate of which the following is a correct Copy, (towit) 
“Department of the Interior. Widow's Pension I certify that in conformity with the 2nd Section of the Act of February 3, 1853 Agnes Phillips widow of David Phillips who was a private in the Revolutionary War is inscribed on the Pension List at the
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rate of Twenty six dollars and Sixty six cents per annum Commencing on the 3d [3rd] of February 1853 and continuing for life unless she should again marry in which case the Pension is not payable after the time of such marriage. 
Given at the Department of the Interior this twenty fifth day of March One thousand eight hundred and fifty eight 
J Thompson 
Secretary of the Interior
{S. S.}

Examined and Countersigned 
Geo C. Whiting 
Commissioner of Pensions” 

Affiant further states that said Original Certificate of Pension is lost or so mislaid that he cannot after diligent search and inquiry find the same That he is however well satisfied that the above is a true copy of the same. He files herewith The last application made by said Agnes Phillips to the Pension Agent at Nashville Tenn [Tennessee] for her semiannual payment, the paper is here marked & filed as Exhibit "A" He further states that in consequence of some informality payment was not made upon said application & that before she was advised of the informality or defects in said application - That she was advised that no further payments would be made in consequence of the War that then was commenced between the United States and the so called Confederate States. States that she never made any further application or received any thing since from the Government of the United States or from any other source on account of her said Pension States that she was poor and in indigent circumstances and was supported alone from that time up to the date of her death by affiant, having
Page 20

no means to subsist upon of her own: States that she was very old and infirm & that she give no aid comfort or assistance in any way to the Rebellion neither did she sympathize with the Rebel cause. 
He further states that said Agnes Philips never married again but continued the widow of said David Philips up to the time of her death. States that his intestate Agnes Phillips deceased was the identical Agnes Philips to whom said Original Certificate of Pension of which the foregoing is a true Copy-That he was intimately & well acquainted with her for Thirty years before her death. He further states that said Agnes Philips at her death left three living children, towit, Charles Phillips, Fanny Philips and Nancy Phy wife of affiant Josiah Phy States that the above named children are still living – 
Josiah Phy 

[circular stamp sideways DEPARTMENT OF THE INTERIOR 13 1866 PENSION OFFICE]

Sworn to and subscribed 
before me on this day of October 1866
and I certify that I am well acquainted 
with the above named Josiah Phy and 
that he is a man of good respectability & entitled to full faith and credit upon his oath.
P.D Hyder J.P. 
for Putnam County 

And came also before me the undersigned an acting Justice of the peace in and for said County David H. Phy & Jonathan Buck Jr who being first duly sworn state that they were personally well acquainted with Agnes Phillips, the intestate of the above named Josiah Phy, in her life time & up to the time of her death - that they know the fact that she was the identical Agnes Philips
Page 21

who was in receipt of a Pension for some years prior to her death under the Original Pension Certificate named and described in the foregoing declaration of Josiah Phy- that they know the fact that she died about the time therein stated & that s.d [said] Jonah Phy is her Administrator - And that those therein named as her surviving children are her children or has always been so known and reputed - Witness Jonathan Buck Jr. States that he is the same Jonathan Buck whose name is signed to the paper here marked Exhibit A. That the same was made before him-- Then an acting Justice of the peace for said County And that he is satisfied from having often seen the Original Pension Certificate in the possession of said Agnes Philips that the paper here filed marked Exhibit A to said Josiah Phy's declaration is he thinks a Correct Copy of the same - as he sees that the same is in his own hand writing and is satisfied that the same is a correct copy of said Original Certificate. 
Affiants both state that they are well satisfied that said Agnes Philips did not in any way aid or encourage the Late rebellion or in any way aid, encourage or in any wise sympathize with the Rebel Cause, from the fact that she lived with the above named known as Josiah Phy who was[^ known as] an unconditional Union man during the Rebellion and was supported by him - that she was old and infirm and in indigent circumstances - Affiants further state that they are satisfied that the said Agnes Philips never received any Pension from & after 4th Sept 1860. Affiants further state that they are in no wise interested in the above application for the arrearages of Pension due to said Agnes Philips decd [deceased].
Sworn to and subscribed}  
before me the date above}
David H [his x mark] Phy
Jonathan Buck, Jr.
Page 22

written and I further certify that I am personally well acquainted with the above named Jonathan Buck Jr and the said David H. Phy and that they are men of good respectability and entitled to full faith and credit upon their oaths. And I further certify that I am wholly disinterested in said application 
P D Hyder J. P. 
for Putnam Cty [County] 

State of Tennessee} 
Putnam County} I Enoch H. Stone Clerk of Putnam County Court hereby certify that J.D. Hyder whose genuine signature appears to the within and foregoing Affidavits is and was at the time of signing the same an acting Justice of the Peace in and for said County duly commissioned and qualified as such And that all his official acts as such are entitled to full faith and credit - And I further certify that the said Josiah Phy was on the 1st day of October 1866 duly appointed Administrator of the estate of Agnes Phillips dec.d [deceased] and as such duly qualified, as appears of Record in my office A [^ certified] copy of which is herewith filed. 
In Witness whereof I have hereto 
set my name and affixed my seal 
of Office at Office in Cookeville 
Tenn [Tennessee] on this 11th day of October 1866 
E. H. Stone Clerk 
of Putnam Cty [County] Court
Page 23

[typed form, with handwritten responses]

In reply to your request of         received          for a statement of the military history of David Phillips - a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (and his widow's) application for pension on file in this Bureau. W.F. 10.890 

[column headings: DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. CAPTAIN. COLONEL. STATE.]

1. Jan. 1780 5 mos [months] Pri. [Private] [Captain] Brashear [Colonel] O’Neal [State] NC

2. Jan 1, 1781 3 “ [months]. [Captain] Joseph Morton [Colonel] Wilson Va.

Battles engaged in, Guilford

Residence of soldier at enlistment, {Guilford Co. N.C. 1st enl. [enlistment] {Pittsylvania Co, Va. 2 enl. [enlistment]

Date of application for pension, Feb. 12, 1833. His cl. [claim] was al [^ May 3, 1833]  

Residence at date of application, Jackson Co, Tenn [Tennessee]

Age at date of application, B. [born] Dec. 24, 1755, Caswell Co. N.C. 

Remarks: Soldier mar. [married] in Edgefield Co, S.C. 1785, Agness Ashley; he died Nov. 17,1846, in Jackson Co, Tenn., and she was allowed pension on an ap. ex. [application executed] Apr. 21, 1852, while 82 yrs of age and a resident of Jackson Co. Tenn. She died June 4, 1864, in Putnam Co. Tenn. only surviving children in 1866, Children: Thomas, eldest child, alive in 1853; Charles; Fanny; Nancy, wife of Josiah Phy.

Very respectfully, 

Commissioner, 

6 -- 2856
Page 24

[typed form, with handwritten responses]

[left side] 1913 History to Annie R. Stafford [ink smear] Letter with cl. [claim] S.F.4035 John Rainey, [ink smear]

[right side] Rev WIDOW, &c.
10890
File No. 10,890
Agnes Phillips
Wid [Widow] of
David Phillips
Prit [Private] Rev. War

Act: Feby 3rd [ink smear]
Index: - Vol. M, Page 12[ink smear]

[Arrangement of 1870.]
Page 25

[typed form, with handwritten responses]

6357
Tennessee
Agnes Phillips
widow of David

who served in the Revolutionary 

war, as a private

Inscribed on the Roll at the rate 
of 26 Dollars 66
cents per annum, to commence
on the 3d February, 1853

Certificate of Pension issued 
25th day of March 1858
and sent to H. H. Dillard Cookeville, Tennessee

Recorded on Roll of Pensioners under act
February 3, 1853, Page 255 Vol. 11
Page 26

[three scans on this page]

[1st is an envelope] Cookeville Ten.
Sept. 6th / 56 
[circular stamp THREE CENTS with a picture of George Washington]
J. Minot 
Commissioner of Pensions 
Washington City D.C. 


[2nd ] 54.235. 
[squiggly line down]
160 acres


[3rd is an envelope] Cookeville
Oct. 22nd
To the Commissioner of Pensions
Washington City D. C.
Page 27

[three scans on this page]

[1st is an envelope] Cookeville Ten.
July 5th 
[circular stamp THREE CENTS with a picture of George Washington]
Commissioner of Pensions 
Washington City D.C. 
[written sideways] Agnes Phillips David Ten. [Illegible] 1844


[2nd is an envelope] Cookeville June 30th 
[circular stamp THREE CENTS with a picture of George Washington]
J. Minot. Com of Pensions 
Washington City D.C. 


[3rd] [check mark] No 778 
Agnes Phillips Wid of David No 6978 Te Act 1853 
Jno. Carr Aug 17 1852 
J. H. Carr Oct 7, 1853 
J. H. Carr 10th Jany 1854
Same July 15 1854
Same Aug 8 1857
“ [Same] Nov 20 “ [1857]
Third Audr [Auditor] Mch. 20/58 [March 20, 1858]
Page 28

L. P. Waldo
Commissioner of Pensions
Washington, DC

[written sideways] Convenient July 5 Agnes Phillips Ten. June 44- ‘48
Page 29

Convenient
[Illegible] 

Free

L. P. Waldo
Commissioner of Pensions
Washington, DC

[written sideways] Agnes Phillips Ten. June 44 – 2d Feb ‘48
Page 30

Sept 15 1853. 
[Illegible] in case of Agnes Philips widow of David 
J H Carr Pekin, Jackson Co. Tenn

[written sideways] L. P. Waldo Commissioner of Pensions Washington, DC
Page 31

Agnes Phillips 
David 219.845 


Boynton Apl [April] 17 / 34


 L 

H.H. Dillard Cookville [Cookeville] Tenn [Tennessee]
Page 32

Agnes Phillips
219.845

Boynton Apl 17 / 56 [April 17, 1856]


H. H. Dillard Cookville [Cookeville] Tenn [Tennessee]
Page 33

Cookeville Putnam Co Tennessee
Feb 12th 1858 
Commissioner of Pensions, 
Sir I send you the Declaration of Agnes Phillips again as you stated to me in a recent letter that the one sent some time since never reached you, I am informed that by a decision in the Court of Claims in 1857, she would be entitled from the year 1848. If this be so of course she claims the benefit of the decision. I drew a land warrant for her last year some time, I cannot refer you to the No. It was in the spring. I have made out her claim according to directions you sent me as nearly as practicable. There is no doubt as to her claim being genuine. Please let me hear from you soon. 
Most respectfully 
H.H. Dillard 
Cookeville 
Putman Co. Tenn [Tennessee]
Page 34

[left side of page] Pension Office March 20, 1858 
Sir:
Be pleased to certify the times to which the within named pensioner was paid & the date of his death. 
Be pleased to certify to whom the arrears of pension were paid. 
Yours Respectfully, 

Revolutionary
Commissioner 
7 Decr [December] 1841 

R. J. Atkinson Esqr [Esquire]
Third Auditor 
Treasury, 

[right side of page] 3d Auditor’s office 
March 20, 1838 
Sir:
David Phillips West Tenn [Tennessee] Act June 1833 died Decr [December] 7, 1846 & his pension has been paid in full to that date to Agnes Phillips his Widow. 

Very Respy [Respectfully]
[Illegible] Auditor 
Geo. C. Whiting Esqr [Esquire]}
Commr [Commissioner] of Pension}
Page 35

Cookeville Putnam County Tenn [Tennessee]
January 1st 1856. 

Dear Sir, 
I received a communication from you some time ago, stating, that there was only wanting some additional proof, that the Agnes Phillips who files this declaration is the widow of David Phillips who drew a pension during his life time and up to his death. I attended to the matter immediately on the receipt of your dispatch and thought that I had sent it to you long since but from oversight I now find it still in my possession, and herewith enclose it to you hoping you will find it fully sufficient to answer your requirements. There is no shadow of mistake or doubt about the genuineness of this claim, and as it has been on hand a long time. I hope you will find it convenient to forward her warrant soon. 
Yours &c H.H. Dillard Cookville [Cookeville] Putnam Co. Tenn.
Page 36

Cookeville, Putnam County Tennessee 
September 6th 1856

Mr. Minot 

Dear Sir: About last April or May one year ago I sent to the Department, declaration for Agnes Phillips the widow of David Phillips, to procure for her a land warrant of 160 acres. Not very long afterwards, you gave me notice that you had received, and would consider the same, and report as early as convenient. Since that time I have heard nothing from sd [said] petition. Your letter to me is dated Oct 26th 1855 stating her claim to be under “Act of March the 3d [3rd] 1855 and No. 219.845.” 

The applicant is very old and solicitous to learn something of the disposition which has been made of her claim. I have addressed you once or twice before on the subject, and I desire to hear from you if you please. 
Yours respectfully
H.H. Dillard 
Cookville [Cookeville] Putnam County Tennessee

J Minot Com [Commissioner]
Page 37

[typed form, with handwritten responses]

Brief in the case of Agnes Phillips, widow of David Putnam County and State of Tennessee act 3d [3rd] Feb 1853 

Claim, (“ original, [crossed out or for increase] “) 

Proof exhibited, (if original.) 

Is it documentary, traditionary, or supported by rolls? If either, state the substance. 
Husband was pensioner under the Act of June 1832, the rate of $26.60/100 per An [annum]: Several Credible witnesses testify the parties lien & cohabited together for upwards of 40 years they raised a family of children & were generally reputed husband & wife Soldier died 17th Nov: 1846 as appears from the affidavit of several witnesses & report of the Third Auditor. 

(If for increase.) 
Has additional evidence been filed since the admission of the claim? If so, what? 
Widowhood & identity, established by the affidavits of Several Credible Affiants. 

H.H. Dillard, Esqr [Esquire] Cookville [Cookeville] 
Name and residence of Agent Putnam Co Tenn [Tennessee]; 

J.C. Boynton 
Examining Clerk.
Page 38

Cookeville Putnam County, Tenn. 
June 28th 1856 

J. Minot, Com. [Commissioner]

Dear Sir, I received a letter from you several months ago. acknowledging the recpt [receipt] of a declaration for a land warrant for Agnes Phillips, widow of David Phillips. According to request therein I have put off writing a long time, and now at the request of the widow, I would inquire, what has become of her claim. 
She claims under the war of 1812 under act March 3d [3rd] 1855. He declaration is No. 219.845 It has been more than a year since her claim was sent on. 
Several in this county have send on since she did and now have their warrants. She is certainly entitled, as her husband was drawing a pension at his death of $26.75 per annum. Let me know Yours &c 
H.H. Dillard 
Putnam, Co. Tennessee
Page 39

[circular stamp sideways] DEPARTMENT OF THE INTERIOR PENSION OFFICE [Date Illegible]
Page 40

[typed form, with handwritten responses]

OFFICE OF THE 
Tennessee Military State Agency, 
No. 485 ELEVENTH STREET. 
Washington, D. C. Oct 4th 1866 

Honl [Honorable] Jos H Barrett Com. [Commissioner] Pensions 

Dear Sir:

Inclosed [Enclosed] you will please find the following applications for Pension viz Mary A E Trent; Susan Jane Allins; Sarah A Carter; Sidney I Davis; Children Jacob Bond; Caroline Jones and Judy Mayberry Also following application to be restored to Pension Rolls Rebecca Dodson & Mary A Newell & Melvina Haun. 
Much Respectfully yours
A M Hughes 
Agent State of Tennessee
Page 41

Agnes Phillips wid [widow] David Tenn.

Allowance @ the rate of $26.66/100 per Ann. [annum] under the Act of Feb. 3. 1853 
Pen: to com: at date of possession of said act 


Cert [Certificate] to H. H. Dillard Cookeville Putnam Co Tenn.
Page 42

Pension Office January 20th 1857

Sir:  
The case in
Page 43

State of Tennessee} 
Putnam County} 
Came before me this 10th day of October 1856 Joseph Pearson, Josiah Phy and Robert G Burton and stated on oath, that they were personally acquainted with David Phillips in his lifetime; that he was before and at the time of his death drawing a pension of $26.75 per annum; That Agnes Phillips who has filed her declaration for bounty land in the pension office at Washington No 219.845 under Act of March 3d [3rd] 1855 is now the widow of sd [said] David Phillips, and that they know her to be the same Agnes Phillips who drew the arrearages of $13, 37 ½ to which sd [said] David Phillips was entitled at his death, which amount was drawn by her on or about the year [Illegible] 1847 

Swor [Sworn] to and subscibed [subscribed] before me this 10th October 1856

J.W. Carlton JP for Putnam Cty [County] 

R G Burton {Seal} 
Josiah Phy {Seal}
Joseph Pearson {Seal} 

State of Tennessee} 
Putnam County} On this the 10th day of October 1856 the undersigned an acting Justice of the Peace for the County and state aforesaid
Page 44

hereby certifies that the above affidavit was sworn to and subscribed before me and I further certify that I am personally well acquainted with the affiants and that they are credible persons and that I have no interest whatever in this claim 
J. W. Carlton J P
an acting Justice of the peace
for Putman County 

State of Tennessee}
Putman County} I Russel Moore clerk of Putnam County Court do hereby certify that J. W. Carlton Esqr. whose signature appears to the within and foregoing certificate is now and was at the time [^ of signing the same] an acting justice of the peace in and for said County duly commissioned & qualified and that his signature hereto purporting to be his are genuine. 

In Testimony whereof I hereunto
set my hand and affix my seal 
of office at office in the Town
of Cookeville this the 2nd day of 
January A D 1857. 
Russel Moore Clerk
Page 45

Pension Office 
October 7th 1853 

Sir:
In the case of Agnes Phillips, widow of David, of Tennessee, applicant for a pension under the Act of June 17th 1844, the additional proof, being the application of Charles Huddleston has been examined.

Proof of the non-existence of a public record of the marriage in South Carolina, is not required Charles Huddleston testified, in April, 1852, that the oldest son of the claimant appeared to be sixty-two years of age, and in December of the same year, he says he appears to be sixty- five years old. Evidence from the child or children of the claimant, as to their real age, would be competent. It should be expressly shown that the claimant and her husband long cohabited as husband and wife, and were uniformly so reputed. There should be proof that the claimant still survives. 

J. H. Carr, Esqr. 
Pekin, Jackson Co, Tenn. [note Pekin is in Putnam County, Tennessee]

I am, respectfully,
Your Obt. Svt [Obedient Servant]
LP Waldo
Commissioner
Page 46

[typed form, with handwritten responses]

Restoration 6357

Brief in the Case of Agnes Phillips, Widow of David Phillips a revolutionary Soldier Putnam County and State of Tennessee 
2d [Illegible] Act Feb. 3. 1853. 

CLAIM FOR NEW PENSION CERTIFICATE, 
PROOF EXHIBITED, 
A pensioner on the roll of Tennessee at $26.66 per annum paid to March 4. 18[?61] Claim is made by an Admot [Administrator] for arrears of pension due to date of death of pensioner June 4 1864. She is shown to have been legal & the appt of admt [application of administrator] is duly authenticated.

Restored May 24, 1867 to a pension at $26.66 per Annum commencing March 4. 1867 & payable to Josiah Phy admin’t [administrator] for the legal heirs. Terminating June 4, 1864.

C E Trask 
Examining Clerk.

Name and residence of Agent.
Josiah Phy 
Cookeville Putnam Co Tenn.
Page 47

State of Tennessee}
Overton County} On this 29th day of November 1853 personally appeared before the undersigned an acting Justice of Said of said County Thomas Philips a resident of Said County with whom I am personally acquainted and who I certify is a man of truth and veracity and made oath in due form of law that he is the oldest child of David Philip decest [deceased] who was a Revolutionary Pensioner of the United States and his wife Agnes Phillips who now resides in Jackson County State of Tennessee and still remains the widow of his father David Philip decest [deceased] he also states from the Information that he allwas [always] heard from his Father and Mother to wit David & Agnes Philips the Identical David Philips who was a pensioner as above stated that he was Sixty five years old the 7th day of August 1855.

Thomas Philip {Seal}

Sworn to and Subscribed 
before me the day and year 
above written and I further 
Certify that I am not Interested 
nor concerned in the prosecution 
of this claim 
N. W. Lane JP
Page 48

State of Tennessee, I William H Turner Clerk of Overton County of the County Court of said County do herby certify at N W Lane Esq whose genuine Signature appears to the within affidavit officially is and was at the time of Signing the same an acting Justice of the Peace in and for said County duly commissioned and qualified as the law directs 

In testimony whereof I have hereunto
Set my hand and affixed my 
Seal of office this 30th of Nov 1853 
W H Turner Clk [Clerk]
Page 49

State of Tennessee Jackson County 
On this 21st day of December 1852 personally appeared before the undersigned an acting Justice of the Peace in and for said by County Charles Huddleston aged Seventy four years with whom I am personally acquainted and who I certify is a man of undescribed truth and veracity and made oath that he was well acquainted with David Philips decest [deceased] and his wife Agness Philips who still remains his widow the Identical David Philips who was Pensioner of the United States and drew his pension at Nashville Tenn. [^ I was acquainted with them] for about Forty years and heard them Speak of being Married In Southcarlina [South Carolina] but if I ever heard them say in what County I do not Recollect I think from what I have heard them say and from the appearance of there oldest child Thomas Philips that they must have been Married about 1785 for I think from the appearance of their son Thomas he must be Something [^ like] Sixty five years old Said David Philips & his widow Agnes were allway [always] Regarded truthful and respectable persons by all the Neighbors and the old man was allways [always] Regarded as a Revolutionary Soldier.

Charles Huddleston {Seal}
Sworn to and subscribed 
before me the day and year
above written 
J. R. Kerr J P
Page 50

State of Tennessee 
Jackson County} I Sampson M Cassetty Clerk of the County Court of Said County do hereby certify that James R Kerr whose genuine Signature appears to the within affidavit is and was at the time of signing the Same an acting Justice of the Peace in and for said County duly commissioned and qualified, as the law directs in testimony whereof I have hereunto set 
my hand and affixed my 
Seal of office this 
19th day of August 1853 
S.W. Cassetty Clerk
Page 51

[typed form, with handwritten responses]

[symbol of a scroll written inside $13 33/100]

UNITED STATES OF AMERICA
State of Tennessee, Putnam County. 
Be it Known, That before me, Jonathan Buck, Jr. a Justice of the Peace in and for the County aforesaid, duly authorized by law to administer oaths, personally appeared Agnes Phillips and made oath in due form of law, that she is the identical person named in an ORIGINAL CERTIFICATE, in her possession, of which (I certify) the following is a true copy: 

         Department of the Interior, 
WIDOW'S PENSION. 
I Certify, That in conformity with the 2nd section of the Act of February 3, 1853 Agnes Phillips widow of David Phillips who was a private in the Revolutionary War, is inscribed on the Pension List, at the rate of Twenty Six dollars and Sixty Six cents per annum, commencing on the 3d [3rd] of February 1853 and continuing for life, unless she should again marry, in which case the Pension is not payable after the time of such marriage. 
Given at the Department of the Interior this twenty fifth day of March one thousand eight hundred and fifty eight 
J. Thompson 
Secretary of the Interior. 

[square box with L. S. in it]
Examined and Countersigned: 
Geo. C. Whiting

Commissioner of Pensions. 
That she has not intermarried, but continues the widow of the above mentioned David Phillips     that she now resides in the County of Putnam and State of Tennessee and has resided there for the space of Seven years past; and that previous thereto she resided in Jackson County Tennessee.
Of the truth of which statements I am fully satisfied. 
SWORN TO AND SUBSCRIBED this 27 day of April 1861. 
[written sideways One Witness}] Josiah Phy 
Agnes [her x mark] Phillips 
[square box with L. S. in it]

Before me,
Jonathan Buck, Jr, Justice of the Peace
Page 52

[typed form, with handwritten responses]

Know all Men by these Presents, That I, Agnes Phillips of the County of Putnam and State of Tennessee a REVOLUTIONARY PENSIONER of the UNITED STATES, do hereby constitute and appoint my true and lawful ATTORNEY, for me and in my name to receive from the Agent of the United States, for paying Pensions in NASHVILLE, Tennessee, my pension from the 4 day of  September 1860, to the 4 day of March 1861. 
WITNESS MY HAND AND SEAL, this 27 day of April 1861. 
Sealed and delivered in presence of 
Josiah Phy 
David H. Phy
Agnes [her x mark] Phillips [square box with L. S. in it]

State of Tennessee} S.S. 
Putnam COUNTY.} 
BE IT KNOWN, That on the 27 day of April 1861, before the subscriber, a Justice of the Peace in and for said county, duly authorized by law to administer oaths, personally appeared Agnes Phillips above named, and acknowledged the foregoing Power of Attorney to be her act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand the day and year last above mentioned. 
Jonathan Buck Jr. Justice of the Peace 

State of Tennessee} S.S. 
DAVIDSON COUNTY.} 
BE IT KNOWN, That on the        day of        18, before me,             Pension Agent in and for said County, duly authorized by law to administer oaths, personally appeared             the Attorney named in the foregoing Power of Attorney, and made oath that he has no interest whatever in the money he is authorized to receive by virtue of the foregoing Power of Attorney, either by any pledge, mortgage, sale, assignment or transfer, and that he does not know or believe that the same has been so disposed of to any person whatever. 
Sworn and subscribed, the day and} 
year last above mentioned, before me:}

Pension Agent. 

State of Tennessee,} SS.  
Putnam COUNTY.} 
I Russel Moore Clerk of the County Court of the County and State aforesaid, do hereby certify that Jonathan Buck Jr. is a Justice of the Peace in and for said County, duly commissioned and qualified; that his commission was dated on the 9th day of Nov 1859 and will expire on the 9th day of November 1866 [ink smear] above written are genuine. 
Given under my hand, and the seal of said County, this 27th day of April 1861. 
Russel Moore Clerk.
Page 53

Tennessee Jackson County 
Sept 3rd 1853 
L. P. Waldo Commissioner of Pensions, 
Sir I herewith send you the affidavit of Charles Huddleston in the case of Agnes Phillips widow of David Philips who was a Revolutionary Pensioner Mr. Heath the former Commissioner objected to her claim on the grounds, that she must produce the Record of her Marriage or the Clerks Certificate that there was no Record of Said Mariage [marriage] I have tride [tried] to obtain Said Record for her but I cant [can’t] as Much as get an answer from the Clerk I am creditably Informed by an old prosecutor of claims that there never has been any Record of Marriages kept in that State if that is so it does seem to me unreasonable that Mr. Heath Requires Record testimony where he ought to have knew there was none I dont [don’t] profess to know much about this kind of business I only undertook this claim on the grounds that she was a verry [very] Poor old woman and one that I believed was justly Intitled [entitled] and needing every dollar that was coming to her and the could not get a Regular prosecutor to attend to it without Paying what I considered an Extravagant fee.
Respectfully Yours
J. H. Carr

To 
L. P. Waldo 
Washington D.C. 
Direct to Pekin Post Office Jackson County Tennessee 
J H Carr
Page 54

State of Tennessee Putnam County 
On this 12 day of October 1857 personally appeared before the undersigned an acting Justice of the Peace in and for said County Isaac A Huddleston a resident of said County Aged Fifty three years with whom I am personally acquainted and who I certify is a man of truth and veracity and made oath in due form of law that he was well acquainted with David Phillips Decst [deceased] and his wife Agnes and their family from his earliest recollection he living in the Immediate neighborhood of them David Phillips is now dead the precise date of his death he does not now recollect said David Phillips was a Revolutionary Pensioner and drew his pension at Nashville Tennessee at the time of said Philips Death he left his widow Agnes Philips who now lives in Putnam County State of Tennessee and still continues his widow unmarred I know their Marriage must have taken place at a very early date for their oldest son Thomas Philips was a man grown at my earliest recollection I dont [don’t] think he can be much short of Seventy years of age at this time I know that David Philips and his wife Agnes lived and cohabited together as man and wife up to the death of said Philips They were allways [always] considered as Man and wife by all the neighbors I never knew of any Person ever disputing their being Husband and wife said David and Agrees were allways [always] considered respectable and truthful persons and was much respected by the neighbors 
Isaac A Huddleston 
Sworn to and subscribed before me the day 
and year above written
I also certify that I am in no wise interested in the [Illegible] of this claim 
James W. McDaniel JP
Page 55

State of Tennessee} 
Putnam County} 
I Russel Moore Clerk of Putnam County Court do hereby certify that James W McDaniel Esqr whose signature appears to the within certificate is now and was at the time of signing the same an acting Justice of the peace in and for said County duly commissioned & qualified and that his signature thereto purporting to be his is genuine.

In Testimony whereof 
Thereunto have set my 
hand and affixed the 
seal of office of said 
Court at office in the 
Town of Cookeville the 
16th day of Oct 1 1857 
Russel Moore Clerk
Page 56

State of Tennessee} 
Jackson County} On this 21st day of April 1852 personally appeared before the undersigned a Justice of the Peace in and for said Charles Hudleston [Huddleston] a Resident of Jackson County aged Seventy four years and made oath in due form of law that he was well acquainted with David Philips late of said County that he was a pensioner of the United States at the rate of  Thirty Six 75/100 Dollars a year that he died in said County of Jackson State of Tennessee on or about the 17th day of Novr [November] 1846 that at the time of his death he left his widow Agnes Philips who still survives him unmarried and now resides in Jackson County State of Tennessee affiant further states that he has understood from the said David Philips Diest [deceased] and his wife Agnes Philips in the life time of said Philips that they was married in      County State of      but the date of said Mariage [marriage] affiant cannot of course say any thing of but from the appearance of there oldest child Thomas Phillips with whom I am personally acquainted I would suppose that he was at least Sixty Two years of age That during the time that affiant was acquainted with Said Philips Diest [deceased] he was allways [always] regarded a reputable and Respectable person and his Widow Agnes Philips is and was allways [always] since my first acquaintance with her [^ has] been a number of years ago called a woman of truth and veracity Sworn to and subscribed before me the day}
and year above}
written} Charles Hudleston [Huddleston] {Seal}
John Terry
Page 57

State of Tennessee Jackson County 
I John Terry a Justice of the peace in and for said County & State do hereby Certify that I am well acquainted with Charles Huddleston who has this day appeared and made oath to the within affidavit before me that he is a man of truth & veracity and that full faith and credit is due and of wright ought to be given to his statements. 
In testimony whereof I 
have hereunto set my hand 
and seal this 21 day of 
April 1852 

John Terry {JP}
Page 58

State of Tennessee} 
Putnam County} February 10th 1858 
The foregoing declaration & Affidavit were sworn to & subscribed before me the day & year above written & I certify that I know the affiants to be credible persons That the claimant is the person she represents herself to be - that she is now a widow & that I believe the statements made in the declaration are true - & that from her infirmity she is unable to attend court} 
William R Hutchison an acting Justice of the peace for said County 

State of Tennessee} 
Putnam County} I, Russel Moore Clerk of the County Court of Putnam County do hereby certify that William R. Hutchison Esqr [Esquire] before whom the foregoing Declaration & affidavit were made & who has made the above certificate is & was at the time of signing the same an acting Justice of the peace in & for said County, duly commissioned qualified & that the signature thereto purporting to be his is genuine. & further that I am acquainted with the foregoing applicant & know her to be the widow at this time of David Phillips & believe her Declaration to be true. In testimony whereof I have hereunto set my hand & affixed my seal of office in 
Cookeville Putnam County Tenn. 
on this the 10th Feb 1858 
Russel Moore Clerk
Page 59

State of Tennessee} 
Jackson County} On this 21st day of April 1852 personally before the undersigned a Justice of appeared the peace in and for said County John C Huddleston a resident of Jackson County aged Fifty five years and made oath in due form of law that he was well acquainted with David Phillips late of said County that he was a pensioner of the United States at the rate of Thirty [^ six] 75/100 Dollars a year that he died in said County of       Tennessee on or about the 17th day of November 1846 that at the time of his death he left his widow Agnes Phillips who still survives him unmaried [unmarried] and now resides in Jackson County State of Tennessee affiant further states that he has understood from the said David Phillips Dicst [deceased] and his wife Agnes Phillips in the life time of said Phillips that they was married in       County State of      but the date of said marriage affiant cannot of course say any thing of but from the apperance [appearance] of their oldest child Thomas Phillips with whom I am personally acquainted I would suppose that he was at least Sixty Two years of age that during the time affiant was acquainted with said Phillips Decst [deceased] he was allways [always] reguarded [regarded] a Reputable and Respectable person and his widow Agnes Phillips is and was allways [always] since my first acquaintance with her which has been a number of years ago called a woman of truth and veracity. Sworn to and subscribed before me on day and year above written}
John Terry JP    John C Huddleston {Seal}
Page 60

State of Tennessee} 
Jackson County} I John Terry an acting Justice of the peace in and for said County do herby certify that I am well acquainted with John C Huddleston who this day appeared before me and made oath to the within affidavit is a man of truth and veracity and that full faith and credit is due and of wright ought to be given to his statements. 
In testimony whereof I have
hereunto set my hand and
Seal this 27 April 1852

John Terry JP
Page 61

Tennessee Jackson County Pekin
Dec 15th 1853

L P Waldo Commissioner
Sir herewith please find the additional proof as required by you In the case of Agnes Philips widow of David Phillips.

Yours Respectfully
John H. Carr

To L P Waldo Com” [Commissioner] 
Washington City D.C.
Page 62

Tennessee Putnam County Pekin
Oct 27th 1857

G C Whiting Commissoner &c 

Dear Sir I herewith send you some additional Evidence in the case of Agnes Philips Widow of David which I hope will be fully Satisfactory. 

J. H. Carr
Page 63

Tennessee Jackson County 
Pekin July 1 / 57

L. P. Waldo 

Dear Sir I am compelled to Request you to call up the papers in the case of Agnes Philips Widow of David of Tennessee and examine the case your self [yourself] I think the case is fully made out I have recd [received] three letters of objection in said case which is in [Illegible] contradiction of Each other I have thought said claim was Examined by Some wreckless [reckless] clerks I have therefore made this request of you which I hope you will comply with and let me know the result of your examination 
John H Carr 

To
L P Waldo Commissioner of Pensions Washington D. C.
Page 64

State of Tennessee} 
Smith County} On this 20th day of November 185[3 or 5?] personally appeared before the undersigned an acting Justice of the Peace in and for said County Isaac A Huddleston a Resident of Smith County aged forty nine years (with whom I am Personally acquainted and who I certify is a man of truth and veracity and made oath in due form of law that he was well acquaint [acquainted] with David Phillips late of Jackson County Tennessee and his wife Agnes Philips who now resides in Jackson County Said David Philips was a Revolutionary Pensioner and drew his Pension at Nashville Tennessee and that he was acquainted with said Philips and his wife Agnes Philips from his Earliest Recollection to the day of the old mans death and that they lived together as man and wife and was regarded as such to the old mans death said Agnes Philips Still Survives him and remains his widow declarant of Course cannot say any thing [anything] of their Mariage [marriage] but has allways [always] understood that they were Married in South Carolina but the date he can say nothing of but it must have been in an Early day from the appearance of their oldest son to wit Thomas Philips with whom I am Personally acquainted and have been from my earliest Recollection I think he must be between Sixty and Sixty five years of age also states that he is in no wise interested in this claim. 
Sworn to and Subscribed} 
before me the day and date} 
above written I also certify that I am not Interested 
I. A. Huddleston {Seal} JP
B J Vaden
Page 65

State of Tennessee} 
Smith County} I William V R Hallums Clerk of the County Court of said County do herby certify that B J Vaden Esq [Esquire] whose genuine signature appears to the within affidavit is and was at the time of Signing the same an acting Justice of the Peace in and for said County duly commissioned and qualified as the law directs. 
In testimony whereof I 
have hereunto set my hand 
and affixed my seal of 
office this 29 Nov 1856 
W V R Hallums
Page 66

State of Tennessee} 
Jackson County} on this 28th day of November 1853 personally appeared before the undersigned an acting Justice of said County William Hawer aged Sixty one years & Henry Bullington aged Fifty years with whom I am personally acquainted and who I certify are men of undoubted truth and veracity and made oath in due form of law that they were well acquainted with David Phillips decst [deceased] and his wife Agnes and family for a great may years said David - Philips was a Revolutionary Pensioner of the United States and drew his pension at Nashville Tennessee said David Phillips & Agnes his widow lived together as man and wife was allways [always] Regarded as such from our first acquaintance with them which was for a number of years before the old mans death said Agnes Philips Still Survives him and Remains his widow we of Course cannot say anything of the date of their Marriage but from the appearance of their oldest child to wit Thomas Philips we would think he must be something like - Sixty five years of age they also state that they are in no wise interested in this claim 
Sworn to and subscribed 
before me the day and 
date above I also State 
that I am not Interested 
nor concerned in the prosecution of the claim

Reuben H. Dowell

Wm [William] Hawer {Seal}
Henry [his x mark] Bullington {Seal}
Page 67

State of Tennessee} 
Jackson County} I, Sampson W Cassetty Clerk of Jackson County Court hereby certify that Reubin H Dowell whose genuine signature appears to the within and foregoing of affidavit is and was at the time of so doing an acting Justice of the peace in and for the County of Jackson State of Tennessee duly Commissioned and qualified as such and that his commission bears state on the 16th day of March 1848 and will expire on the first Monday in April 1854 
In Testimony whereof I have hereunto set 
my hand and affixed the Seal of Office at 
office in Gainesboro on this 12th day of December 1853 

S. W. Cassetty Clerk
Page 68

State of Tennessee} 
Putnam County} This day personally appeared before me William R Hutchison an acting Justice of the peace for said County. Agnes Phillips aged about 87 years and being duly sworn stated upon oath. That she is the widow of David Phillips Decd [deceased] who was Revolutionary soldier in the service of the United States, entering upon said service at Gilford [Guilford] Court House N.C. in January 1780 under Captain Brashears, joined a regiment commanded by Col Oneal, served five months and was discharged, and afterwards entered the service again, 1st of January 1781 in Pittsylvania County Virginia, under Capt [Captain] Joseph Norton and joined the army commanded by General Green [Greene] and was in the battle of Gilford [Guilford] Court House. And Applicant further states that said David Phillips died in Jackson (now Putnam) County about the 17th day of Nov 1846 leaving the said applicant Agnes Phillips his widow, and that the said David Phillips had been for a number of years before his death drawing a pension, from the United States as a Revolutionary soldier of $26.75 per anum [annum] and drew up to the time of his death with the exception of one half years pay next before his death which she, the said Agnes Phillips drew after his death as arrearages to which he was entitled. The said David Phillips made his first application to the pension office about the year 1833, and she drew his arrearages in the
Page 69

year 1847 his name being inscribed on the pension Roll in Washington City and also on the pension Agency at Nashville Tennessee said Agnes Phillips further states that she was intermarried with said David Phillips decd [deceased] in Edgefield County S.C. about the year 1789 by one Abram Marshal a minister of the gospel, but has no record of their said marriage but that they were intermarried at the time above stated and lived together up to his death, in the State of South Carolina & North Carolina & in Tennessee and lived together as man & wife at the time of his death as aforesaid in Jackson County Tennessee (now Putnam) and if it is thought necessary produce abundant proof of their cohabitation together as husband & wife for a long period of time. but that she does not know of any person by whom she can prove their [^ actual] marriage, owing to the great lapse of time she further states that she has drawn a land Warrant for her husbands services of 160 acres which can be there ascertained by proper reference. 
This Declaration is therefore made by sd [said] Agnes Phillips for the purpose of drawing the Anual [annual] pension of $26,75, for the time she has been entitled to have the same, an account of her husband’s Revolutionary services, & that the same be continued during her natural life.
Sworn to & subscribed before me day the day of June 1857
Agnes [her x mark] Phillips

We Joseph Pearson & Josiah Phy residents of Putnam County in the State of
Page 70

Tennessee upon our oaths declare that the foregoing declaration was signed & acknowledged by Agnes Phillips in our presence & we believe from the statements & our knowledge of the applicant that she is the identical person she represents herself to be, & that the said David Phillips died in Jackson, (now Putnam) County Tenn [Tennessee] on the 17th day of November 1846  as stated above and that the said Agnes Phillips is still his widow. 
Joseph Pearson {Seal} 
Josiah Phy {Seal}

State of Tennessee} 
Putnam County} June the 20th 1857. 
The foregoing declaration & affidavit were sworn to & subscribed the day & year above written; & I certify that I know the affiants to be credible persons - that the claimant is the person she represents herself to be & that I have no interest in this claim or pension.
W.R. Hutchison
Justice of the peace for said County 

State of Tennessee} 
Putnam County} 
I, Russel Moore Clerk of the County Court of Putnam County in  said State do hereby certify that William R Hutchison Esquire before whom the foregoing
Page 71

Declaration & affidavit were made & who has made the above certificate is & was at the time of signing the same an acting Justice of the peace in & for said County duly commissioned & qualified & that the signature thereto purporting to be his is genuine. In testimony whereof I have hereunto set my hand and affixed my seal of office in Cookeville Tennessee on this the 4th day of July 1857 

Russel Moore clerk
Page 72

Free

Pekin Tenn.
[Illegible] 

Geo C Whiting
Commissioner of Pension 
Washington City D C 

Additional Evidence

[written sideways] Add. Evi- [Additional Evidence] 
Agnes Phillips
David = Ten [Tennessee] – sus 1843 [Illegible numbers]
Page 73

Exhibit A to Josiah Phy's declaration

[circular stamp upside down DEPARTMENT OF INTERIOR OCT 19 1866 PENSION OFFICE]
Page 74

Declaration 

In order to obtain a renewal of the half pay provided for in the first sec. of the Act of Feb 3d [3rd]  1855 

State of Tennessee} 
Putnam County}
On this the 10th day of February 1858 personally appeared before me the undersigned Justice of the peace for the County & state aforesaid Agnes Phillips a resident of Putnam County aged about 90 years who being fine 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 the 3d [3rd] of Feb 1833 granting the renewal of half pay to certain widows & orphans;-- That she is the widow of David Phillips who was a private [^ in the Revolutionary war] under Captain Brashears in the Regiment commanded by Col Oneal Marched to Guilford Court House thence across the Yadkin was engaged in some scouting parties and was discharged verbally in June 1780 He again entered the service of the United States in Pittsylvania County Virginia January 1st 1781 as a substitute under Capt [Captain] Joseph Norton, Don't know the name of Regiment - he marched thence to Guilford County N.C. and joined the army commanded by General Green [Greene] and was in the battle of Guilford, and was soon after discharged in writing which is lost.- That her husband David Phillips drew a pension yearly up to his death of $26, 75. He died in Jackson (now Putnam), County Tenn [Tennessee] on the 17th day of November 1846, and she is now
Page 75

a widow. She states further that he & said David Phillips were lawfully married by one Abram Marshall a minister of the [^ Gospel in Edgefield] County S.C. about the year 1787 the record of which she cannot get. She asks that his pay may be allowed her as his widow for the time she may have been entitled to it under existing laws. That he received his half years pay just after his death, and has received nothing since he has also drawn 160 acres of land in 1857.
Agnes [her x mark] Phillips
William R Hutchison JP 

State of Tennessee} 
Putnam County} Feb 10th 1858
This day personally appeared before me the undersigned Justice of Absalon Williams, Josiah Phy &         both citizens of said County & State, and made oath in due form of law that they are well acquainted with Agnes Philips the above applicant. That they saw her sign the said Declaration - That her & said David Philips to their knowledge lived together a great while as husband & wife up to his death, - That they believe them to have been lawfully married, That they know her to be the identical person she represents herself to be, and that she is at this time a widow, & that they are in no wise interested in this application.
Sworn to & subscribed before me the day & year above mentioned. 
Absolon [his x mark] Williams {JP}
Josiah Phy 
Joseph Pearson
for said County 
interlined before signed 
William R Hutchison Justice of Peace for sd [said] County
Page 76

State of Tennessee} 
Putnam County} Be it Remembered that at a Quarterly Court began and held at the Court house in the Town of Cookeville on the first Monday in October it being the 1st day of said month in the year of our Lord One thousand eight hundred and Sixty-six [1866] and of the Independence of the United States of America the 91st year. 
Present and presiding the Worshipful J. S. Hyder Chairman together with John Jared, Nathan Judd, J. G. Judd, J. E. Ferrill, A. W. Byers, T. J. Lee, J. C. Apple, J. B. Pointer, Wm [William] Massa, L. G. Lisk, Jesse Barnes, James Goss, W. M. Peek, A. Harpole, John Madewell, W. N. Gentry, John Phillips, A. L. Ellis, Wilson Maxwell, G. C. Maxwell, J. S. Watson, J. A. Reynolds W. H. Marcum, W. J. Wallace, R. L. Gentry, Abraham Ford, and W. F. Reynolds Justices present and upon the Bench where the following proceedings were had (to wit) 

The death of Agnes Phillips a Revolutionary Pensioner was this day suggested to the Court and proven and that she had died Intestate and it appearing to the Court that there was an arrearage of Pension still due her as such Pensioner. On motion Josiah Phy was appointed by the Court Administrator of the said Agnes Phillips Decd [deceased] for the purpose of applying for and receiving the arrearages of Pension due her up to the time of her death, whereupon came the said Josiah Phy together with Charles Phillips & Russel Moore into Court and executed and acknowledged Bond in the sum of four-
Page 77

hundred dollars conditioned as the Law requires which Bond was approved by the Court and ordered to be Recorded Whereupon said Administrator was qualified according to Law Ordered that Letters of Administration issue.

Bond 
We Josiah Phy, Charles Phillips & Russel Moore Are bound to the State in the penalty of four hundred dollars witness our hands this 1st day of October 1866. 

The condition of this obligation is such that whereas the above bound Josiah Phy has been appointed Administrator of the Estate of Agnes Phillips Decd [deceased]. 

Now if the said Josiah Phy shall well and truly as such Administrator perform all the duties which are or may be required by Law this obligation shall be void otherwise to remain in full force and virtue. 
Josiah Phy {Seal}
Charles Phillips {Seal}
Russel Moore {Seal}
Page 78

State of Tennessee}
Putnam County} I, Enoch H. Stone Clerk of the County Court of said County do hereby certify that the within & foregoing a true, full and perfect transcript of the Caption of the County Court of Putnam County at the October Term 1866 together with the appointment of Josiah Phy as Administrator of the estate of Agnes Phillips Decd [deceased], and also his Bond as such Administrator. 

In testimony whereof I have hereunto 
set my hand and affixed the seal of 
our said Court at office in Cookeville 
on this 11th day of October A.D. 1866 
E. H. Stone Clerk
Page 79

June 5th 1852 
Appl [Application] of Agnes 
Philips widow 
of David 

Jno H. Carr
Pekin Jackson Tenn.

[written sideways Pekin Ten [Tennessee] May 23
J. E. Heath Commissioner Washington DC
Page 80

State of Tennessee Jackson County 
April 29th 1852 
J. E Heath Commissioner of Pensions 

Dear Sir
I herewith send you the Declaration of Agnes Philips for you pension if she is entitled after Examination you will please send me the Certificate Pekin Post office Jackson County Tennessee.

Yours John H Carr 

To
J E Heath 
Commissioner of Pension 
Washington D.C.