Revolutionary War Pension and Bounty Land Warrant Application File R. 9598, for James Simpson, South Carolina
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Service                                 Number
S.C.        Simpson, James      R.9598
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24414
Declaration
James Simpson
for a 
Pension
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For a pension --
   In Testimony whereof I have here unto set my hand and affixed my private seal, (not having a seal of Office) this 11th day of February 1833 --
     Scott Terry  Clk

State of Tennessee
   I James Standifer, member of Congress from the third Congressional district in the State of Tennessee certify, that Scott Terry esquire whose signature appears to the foregoing certificate is now, and was at the time of making the same, Clerk of the County court of Bledsoe County -- that the same is his genuine signature that all his official acts are entitled to full faith & credit, and that his certificate is in due form of law -- and that ther is no seal of office for said Court
   Given under my hand this 16. day of March 1833.
   James Standifer
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State of Tennesse  }
Bledsoe County Comity Court  }  S.S.

   On this eleventh day of February 1833 personally appeared before the worshipful judge of the comity court of Bledsoe county James Simpson a resident of the county of Bledsoe and State of Tennessee, aged Seventy eight 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 the 7th 1832. -- 
That he enlisted in the army of the United States in the year [blank space] with lieutenant William Hatton and unit in the 50th regiment of the South Carolina line under the following named officer - He enlisted for the term of one year and received a bounty of two dollar from lieutenant William Hatton at the time of enlistment, in Abbeville county State of South Carolina where he was placed and remained during the year in the company commanded by Captain Buey (or Bewey) lieutenant William Hatton, who was first lieutenant and Joe Pickens (a brother of General Pickens) second lieutenant the latter only for part of the year an officer of the company.  During this year service declarant was mostly stationed at Fort Charlotte.  On one occasion he with some of the other regulars were out on an expedition against the Indians on Lugato river declarant
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was in a skirmish with the Indians on Breast Town creek on Lugato river -- Captain Buey having remained at Fort Charlotte the portion of his company which was out in this expedition were under the command of 2nd lieutenant Jo. Pickens upon whose conduct while out a courtmartial was called & he either resigned or was dismissed.  Declarant & the regulars with him upon Jo. Pickens' dismissal went into the militia commanded by Major (who was afterwards General) Pickens for the balance of the expedition.  From Breast Town creek he was marched with the other forces to Tennessee in the nation where they had a battle with Indians which declarant was in and in which twenty seven Indians were left dead on the ground.  General Williamson of the militia was the chief commander during this expedition.  From Tamassee he was marched to Seneca, from there to what was called the Middle settlement when there was another skirmish with the Indians, which declarant remembers Wade Hampton was in as a Captain & acted bravely.  Declarant was standing near him when he fired the first gun in the skirmish & killed an Indian.  The Indians were defeated & much plunder taken from them at this place.  From there he was marched into the valleys when he fell in with about 1500 of the North Carolinians have fallen in with about the same number previously in the Middle settlements.  From there he was marched to Fort Charlotte some Indians
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prisoners were along, which had been received from the North Carolina troops, which General Williamson took to White Hall.  At the end of the year for which declarant had enlisted Captain Buey gave him a written discharge but which is lost declarant cannot say how.
   In about two months after declarant was discharged by Captain Buey he enlisted again in Abbeville County with Captain William Wilson from whom he received two dollars.  He enlisted this time also for one year, to serve in Georgia.  He was in the company commanded by Captain William Wilson, & lieutenant William Cain (or  Eanes).  He was stationed for a while on Neils Creek on Broad River in Georgia and for a while a few miles lower down on Broad River.  Col Coleman had the command of the forces in Georgia -- He was of the Militia during this time of service declarant was often out through the country in Georgia with scouting parties but was in no skirmish or battle with the Indians.  At the end of eleven months he was discharged at Neils (or Neals) station in Georgia & returned to Abbeville.  In addition to the before mentioned terms of service which together amounted to Twenty Three months performed by declarant as a regular soldier he was during the war in the service as a volunteer & a drafted militia man over two years, but as he claims as a regular or will not now give a detail of his services in the militia.  He supposes
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he can do so hereafter if it should become necessary.  At least, he makes this declaration under the supposition that if he fails to obtain a pension on account of his services in the regular army, he will hereafter be permitted to make out his claim for his services in the militia.  He states that after his services under Captain Buey, he, Buey enlisted for three years, and that if his name is on the rolls of the war department, it will be found in Captain Buey's company early in the war, and before the latter enlistments spoken of.
   He hereby relinquishes every claim 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.

        his
James X Simpson
      mark
Sworn to & Subscribed the day & year aforesaid.

State of Tennessee
Bledsoe County, County Court, February Session 1833
   And the said court do hereby declare thier opinion after the investigation of the matter that the above named applicant was a Revolutionary soldier and [unknown word] as he states -- 
   The State of Tennessee
    I Scott Terry clerk of the County Court of Bledsoe County do certify that the foregoing contains the original proceeding of the said Court in the matter of the application of James Simpson.
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James Simpson the within mentioned applicant is dead and has no widow nor heirs in Tennessee within my Knowledge 
June 16. 1834
Jas A. Whiteside

[written sideways as follows:]
24.414
James Simpson
Bledsoe Co
Tennessee

9598

Jas. A. Whiteside
Pikesvill
Bledsoe Co
Tennessee
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James Simpson the within mentioned appicant is dead and has no widow nor heirs in Tennessee within my Knowledge 
June 16, 1834
Jas. A. Whiteside

[written sideways is the the following:]
24.414
James Simpson
Bledsoe Co.
Tennessee

9598

Jas. A. Whiteside
Pikesvill
Bledsoe Co.
Tennessee
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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, (thus: }).  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 James Simpson, Bledsoe, Tennessee

[Following are the printed columns of the table and the handwritten information in each column:]
Period when the service was rendered
[Left blank]
Duration of the claimant's service.
Years   Months   Days
  1           "            "
  "          11           "

Rank of the claimant
Priv
"

Names and rank of the Field officers under whom he served.
Maj. Pickens
Cap Buey

Col. Coleman
Cap Wilson

Age at present, and place of abode when he entered the service
78 years 
Abervill Co
S. Car

Proof by which the declaration is supported.
[Left blank]

[Handwritten as follows:]
Should prove his service by at least one credible witness who had a personal knowledge thereof.

[Printed form resumes as follows:]
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 County of } 88.

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. [symbol of hand with pointing finger] This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]

He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid,  :A.B.

[And then will follow the certificate of the Court.]

And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states,
I   of the Court of   
do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of   for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this   day of   &c.

If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.

Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:

(k) We, A.B., a Clergyman, residing in the   and C.D. residing in (the same) hereby certify, that we are well acquainted with   , who has subscribed and sworn to the above declaration; that we believe him to be   years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.

[And then will follow the certificate of the Court.]

And the said Court do herby 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. and that C.D., who has also signed the same is a resident in the   and is a credible person, and that their statement is entitled to credit.

I,   Clerk of the Court of   do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of   for a pension.

In testimony whereof, I have hereunto set my hand and seal of office, this   day of   &c.

Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.

If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his 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 ex-expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.

The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.

1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6.{To a Soldier.{Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
{To an Officer.{Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.

The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.

The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons--one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.

The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the 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, atttend 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 the case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of this death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.

[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity ; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A.B. who, being duly sworn, deposeth and saith, that by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades: - For --- year --- months, and --- days, I served as a --- ---. For --- months and --- days, I served as a ---; and for such service I claim a pension." 
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months [this phrase is in italics] 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 office, should accompany the papers.

Mode of authenticating papers.

In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticate, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

Proof of Service.

[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering 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 much certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office. [Flourish hand written to the right of this paragraph]
[symbol of hand with pointing finger] 
The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by role in note [j] applies to continental troops only.
[k] This traditionary evidence is indispensable in milia 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.

Joseph Rousen [handwritten in ink]
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9598
P.O.
James Simpson
Service:
Enlisted:  , 18  REJECTED
Discharged:  , 18
1852 Printed Books
Rejected and Suspended
Pension & gives Reasons
for rejection
Alleges: "Died before the passage of the act".