Revolutionary War Pension and Bounty Land Warrant Application File S. 4320, James Hamilton, Va.
Page 1

(3 - 1776)

SERVICE                                                                                                                                                 NUMBER

Va                                                                                       Hamilton, James                                    S.  4320

                                                                                                                                                                    Carded

CONTENTS
Page 2

+ East Tennessee                                                                                                       Sec Cir Fra                         June 8tth 1855
+ 16399
                                                                                                                                          To East Tennessee  fr.  4th Sept
James Hamilton
                                                                                                                                           1834 - June 20 1836
of Lee in the State of Va

who as a Pri in the                             commanded                                              Order to payt  Jan 1838

by Captain                                             of the Regt commanded                      Dep Certificate issued 30 Nov 1838

by Col Pope                                           in the Va                                                      and sent to James Workman Attorneu

line for 10 months                                                                                                      Tennessee


                                                                                                                                            Letter to Hon Wm Stone ? 3 and 8th 
                                                                                                                                             
                                                                                                                                            Feb 1839


Inscribed on the Rolls of Virginia                                                                          Paid at the Treasury undr the 

at the rage 33, Dollars 33 Cents per annum.                                                     Act of the 6th April 1838 from 

to commence on the 4th day of March, 1831.                                                  4 Sept 1836 to 4 Sept 1837

                                                                                                                                              aged notified 14 March 1839


Certificate of Pension issued the 5 day of Aug 33                                            Letter to 3rd Auditor 11 July 1841
                                      and Sixth  A. W, Mills
                                                                                                                                               Paid as aboved from 4 Sep 1838
Jonesville CH, VA
                                                                                                                                              to 4 Sep 1840 aged notified 28 

                                                                                                                                               July 1841


Arrears to the 4th of March 1833                  66.66                                                Set to Hon W. M. Cockk

Sem - anl allownance ending 4 Sept          16.66                                                Feb 7th 1848
                                                                                  ---------
                                                                                  $83.32                                               let to same   May 2 48

                                                        Revolutionary Claim

                                                        Acr June 7, 1832


Recorded by N. C. Rice  ------  Clerk,

Book   E    Vol 6    Page   12
Page 3

.                                                                                                   1

Virginia
At a court begun & here for Lee County, at the Courthouse thereof on the 18th day of February 1833 James Hamilton came into court and made the following Declaration to wit:  Declaration in order to obtain
the benefit of the Act of Congress passed 7th day of June 1832.
State of Virginia 
 Lee County

On this 18th day of February 1833 personally appeared  in Open Court of the County of Lee now sitting, James Hamilton a 
resident of Lee County Virginia in the County & State aforesaid, 
76 years the 15th day of January 1833 who being duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress papers 7th day of June 1832. That he enteres the Service of the United States under the following named affiant and served as herein states.  That in the same year that Cornwallis took Richmond VIrginia, but in what year he cannot syas, he was and hand been for some time previous a citizen of Amherst County, that some time previous to
that, all of the citizens of the county who were disposed to unite
in opposition to the British Government were called on to take
the oath of allegiance to the American Government, which oath
he and many other of that county took, and after the oath was so
taken the whiggs were divided into ten classess, and every whigg in the county came forward to the Courthouse and drew a number and according to the number so drawn each was placed in one or the other of the ten classes.  That he drew number Six and stood in the 6th class.  And as above stated was called out a few months before Richmond was taken.  That commenced isi March from home in the fall or winter under Capt Richard Ballinger, Lieut. Thomas Jones and Ensign RIchard Prior, that they marched from Amherst directly on to Richmond Va that they wen on near Buckingham Courthouse & by Goochland Courthouse & by West ham.  That when they got to Richmond the Capt works Magazine , Smith Shops & all the public works were destroyed & gun spiked & tolled down into the edge of James River by Cornwallis.  That when they got thee a few Malitia had
arrived and some of the citizens were returning again to their property.
Page 4

.                                                          2

That they staid there i on ten days & in the mean times prepared all the boats they could at Rocketts Landing.  And that they went on from there under the Same officers to Woods fort.  Some in Boats and Some on land.  That when they arrived, the fort had also been much injured by the British had been done on there way to Richmond that he stated  there at Woods fort the balance of his tour of six months under the same officers guarding the lives to prevent the enemy from passing up the river to Rocketts Landing  near Richmond where the shipping stopped in those days times.  That some times during their stay there Genl Stubon of the American Army came there.  That during their Stay there the British light horse came near that one King who was
Sentinel ran from his post & there were some guns fire & these
horse returned.   That at the end of his town he got a discharge
& certificate to draw his pay & returned home.  That some time
after his return hime from his tour his number of 6 was again
called out, & he again commenced his march from home for
for Richmond he recollects under Col Pope, Capt John Diggs, Lieut Eads & Ensign not recollected.  That they Marched on by the inspection by the Mouth of Ballenger Creek on James River & went on down on the North Side of James River by the Mouth of the North River, & by west ?, and then turned to the left leaving Richmond to the right.  That they wen on near Chickahaming, and were all most constantly on a March during the town.  That they were stationed a few days at Barrett Whites Mill & they there got their discharge having finished a three months tour.  That they remained under the same officers that they had no fighting nor did they see any other soldiers, except companies from Augusta and other places going on towards the enemy.  That sometime after his return home from this second tour his number was again called out & he substituted and Edwards Masters then a private, with him at the Hatting business with him & give him $1000 continental money & a Blanket.  That Masters on as he recollect towards Portsmouth under a regular officer & saved a tour of six months & returned to his trade of hatting again.  That again some time after Masters return the number 6 were again called and he went another tour of one month under Capt Dawson & Lieut Watts to the Barrcks in Albemarle and there remained under the same officers, guarding
Page 5

.                                                          (3)

Burgoynes troops who has been taken at Albany as he recollects, &

were again believed at the end of the Month by the arrival of another

Capt Company & that he got aonther discharge.  That again some

months afterward he & others of his number were called to go to

guard the Brittish tories to Augusta.  That he went to Augusta

undert Capt John Jacobs, that they guarded thme to that county

form some where in Amhurst that can not say when they were

taken but he understood that they were taking them to Nova Scotia

that when they got them to August they were taken from them by

some other guards after serving something like 9 or 10 days, that

he got discharge in every instance all of which have by some

means been lost that he has no documentary evidence by which

he can prove the above Statement nor does he know of any

body by whom he can prove it excepton one Mecajir Frazier who

is said if alive, to live some where in Kentucky.  he hereby

relinquishes every claim whatever to any pension or annuity except

the present, and declares that his name is not on the pension roll

of any agency of any state whatever nor has it been

Sworn to any subscribed the day & year aforesaid

Teste                                                        James Hamilton

J. W. S. Morison


Which was subscribed & sworn to in Open Court for the 

purpose of obtaining the benefit of the act of Congress passed

JUne 7th 1832 and further time is given him to produc the

necessary proof.  Because he has recently moved to this county

from the County of Russell Virginia.


At a court continued there for Lee County at the

Courthouse.  Thereof the 19th day of February 1833


Came again James Hamilton who made his declar -

-ation on yesterday in order to obtain the benefit of the act of

Congress passed 7th June 1832.  Appeared again in Court and produced

the following evidence to wit;


James Caldwell a residen in the county of 

Lee aforesaid hereby certify that I am well acquainted with James

Hamilton who has subscribed and sworn to the above declaration

both before he removed from the county of Russell Virignia.
Page 6

.                                                                                                  4

to this county and since, that I believe him to be 76 years of age

that he is belived and repute in the neighborhood, where

he now lives to have been a soldier in the Revolution, and that I 

concern in the opinion. Subscribed & sworn to an open court and the

19th day of February 1833                       
                                                                           James Caldwell


Tester

J. W. S. Morison DC


I, Jonathan R. Brown a resident of the county of Lee aforesaid

hereby certify that I am well acquainted with James Hamilton

who has subscribed and sworn to the above declaration, and

that I believe him to be 76 years of age, that h e is believed and

reputed in the neighborhood when he lives to have been a

soldier in the revolution and that I concur in that opinion.

Subscribed and sworn to an the day & year aforesaid

Teste                                                         Jonathan R Brown

J. W. S. Morison DC


And the said court do hereby declare their opinion, after the

investiagetion of the matter and after putting the interrogatories

prescribed by the War department that the above named applicant

ws a revolutionary soldier, and served as he states, And the court

further certifies that it appears to them that James Caldwell and

Jonthan K. Brown who has signed the foregoing certificates

and resident in the County of Lee and are credible persons, and that

their statements is intitled to credit.


In Testamancy whereof I haveunto set my

hand and private seal (their being no Seal of office) this 7th day of 

March 1833
                                              Alexander W Miles Clk     Seal


Pension Office

Apl 12

VA

24098

James Hamilton
Page 7

.                                                                                                   5

Virginia


At a Court of Quarter Session continued and heto

for Lee County at the Courthouse thereof on the 18th day of June

1833.  The amended Declaration of James Hamilton in

order to obtain the benefit of the act of congress passed

June 7th 1832   On this 18thday of June 1833 personally appear -

ed in open court. James Hamilton a resident of Lee County,

who on the 18th day of February last made his declaration

in this county for the purpose aforesaid which has been

returned for further evidence the said Hamilton being again

duly sworn says in addition to what he has heretofore sta -

ted in his declaration of the 18th of Febrary last.  That

it is impossible for him at this length of time to describe

his services and the circumstances attendant more fully

than he has because he is old and frail and his

memory is already very much gone.  He has already

state the several periods when his service beag as fully

as he can he has als stated the duraction of each tour

and the company in which he served and the officer with

whom he seved, and his age as fully as he can.  He can

say more about his natively and residence then he has,

he further says that he was borin in Oranage County of Virgin -

ia & remained there until he was 15 years old and then

moved from there to Amherst Virginia where I resided

throught the war and from several years afterwards, from

which last county I removed to Augusta County Virginia

and there learned the Hatting trade ad from there removed

to Botetourt County VA and from there to Wyther County VA

from there to Russell County Virginia and from there to Lee 

County Virginia where I new live.  Sworn to and subscribed

the day and year first above written

Teste

J. W. S. Morison DC                                  James Hamilton


And that Court proceeding to interogate him the

followining questions and answers are given.  1st Where and in

what year were you born.  Answer in Orange County Virginia

on the 15th day of January 1757     2d Have you any record of

your age if so where it is:  I have nor had I ever any

record of it but I always  arrive at my age of 21st (?)
Page 8

.                                                           6

Dougherty my first daughter who is now 55 years old.  3d Where

were you living when called into the service, where have

you lived since the Revolution and where do you now live?  I

lived in Amherst where called into Service.  Since the war I

removed to Augusta County Va and lived there about five

years and learned my trade and got married there, then

removed to Botetourt County Virginia, and remained there

about 3 years, and then remove to Wythe County Va and stayed

thre about 7 or 8 years and then removed to Russell County Va

about 20 years ago, where I remained until removed here to

this county 44 years ago where I have since resided.   4th   How were

you called into the Servie,  Ans,  I was drafted ever time.  5th

State the names of the regular officers wh were with the troops

when you served.  Such Continental and Malitia Regiments

as you can recollect, and the General circumstances of your

services.  Ans.  I never was under any regular officers as I know

of Col Pope was our commander when I was under Capt.

Diggs but I cannot say certainly where he was a regular or

not, when I was under Capt Ballenger, Genl Steube a regular

officer came to us from Cobbin point to Woods for frequently.

but this applicant cannot recollect more particular about 

the other officers than mentioned in his declaration that

he was never with any continental regiment did you

ever received any discharge & if so by who were they signed

& what has become of them.  Ans.  I got a discharge from Diggs

and one also from Ballenger, but I ado not recollect whether

they were signed by any body else or not state the name

of persons to whom you are know in your neighborhood

who can testify as to your character for ceracity, and their

belief of your services in the revolutionary war  Anns  in my

present neighborhood I am a stranger to all mos every person

not having lived there long but I will mention John Hyden,

Samuel Horgis, James Allen, James Caldwell & Samuel 

Caldwell.  An the said court do hereby delcare their opinion

after the investigation of the matter, and after putting the

interogatories presribed by the war department, that the above

named applicant was a revolutionary soldier and served as 

he stated.
Page 9

State of Virginia, Lee County to wit:


I Alexander W. Mills Clerk of the 

court of Lee County aforesaid in the State of Virginia, do hereby

certify that the foregpoing contains the original proceedings of

the said court, in the matter of the application of James Ham -

ilton for a pension.


In testimony whereof, I have hereunt set my 

hand and seal of the said cour this 

2nd day of July in the year of Christ 1833.  In

the 57 year of the Comnonwealth.


Alexander W. Mills, Chl
Page 10

N 24098

James Hamilton 

Lee Co ---

Virginia --



R

admit a private

10 mo   $33.33


j.i.m.


Andrew W. Mills.

Jonesville C. H.

Lee Co.

Virginia
Page 11

.                                                                                           WAR DEPARTMENT

                                                                                                           Pension Office

                                                                                                                        May 11, 1833


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 swk what is 

necessary to be done.  Those points to which your attention is more particularly directed,

you will find marked in the margin with a trace, (thus}).  You will, when

you return your papers to this Department, sent 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 Hamilton  Lee Co. Virginia

                           Period when the            Duration of the                      Rank of            Name and rank of Field of -               Age at present,                 Proof by which the declaration is supported
                           service was                     claimant's service                  the                    fficers under whom he served          and place of abode
drafted            rendered                     Years      Months        Days         Claimant.                                                                               when he entered
                                                                                                                                                                                                                                  the service

Petition            1781                                                   6                                    Private             Capt Ballenger                                         76 years                              Traditional evidence

2nd duty             ----                                                    3                                                                Genl Stuben                                              Amherst
                                                                                                                                                                                                                                    County VA
4th tour               ----                                                    1                                    -----                    Col Pope

5th -----                                                                                     9 or 10 days                               Captn Dawson
                                                                                                                                                             Captn Jacobs

              
                                                                                          I am, respectfully,

                                                                                                      Your obedient servant

                                                                                                                                   J. L. EDWARDS

                                                                                                                                              Commissioner of Pensions



# 3rd time substiuted E. M. for 6 mo.
Page 12

.                                                                                                 2

                                                REGULATIONS UNDER THE ACT OF JUNE 7, 1852.

The following regulations have been adopted:

The law has been construed to extend, as well to the line, as to every branch of the Staf of the Army,
and to include under the terms "Continental Line," "State troops," "milita," 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 aremd vessels are
also exclued from the benefits of the law, as well as persons who turned out as patrols, or where engaged
in guarding particular places at night, and were not recognized at being in actual military service.

Four geneal classes of clases are embraced in the law:
1.   The Regular Troops
2.   The State Troops, Militia , and Volunteeers
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 claim - 
ing the benefit of this law as officers, non - commissioned officers, musicians or privates, will, in the irst
instance, make application by transmitting the following declaration, which will made before a Court of
Record of the County where such applicant resides.  Any every Court have 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 Disrict 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 Dstrict
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 en enlisted in the Army of the United States, in the year (d)            , with                and
served in teh                              (e) regiment of the                          line, under the following named officers:

[Here set forth names and rank of the Field and Company Officers; the time he left the ervice; (and if he serv -
ed under more that 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 resded when he enteres the service; the battles, if any, in whcy he was engaged,
and the country through which he marched.  This form is to be varied so as to apply to the casses of officiers and per - 
sons 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 certificete of the Court.]

And the said Court do hereby declare their opinion (g) that the above named applicant was a revolu -
tionary 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, makeing such declaration, cannot be
found, they will produce such proof as the rule given in note (j) point out.
Every applican who claims a pension by virtue of service in the State Troops, Volunteers or Militia
except those whoe belonged to the New Hampshires Milita and State Tropps of Virginia, will make and
subscribe a declaration similiar to the foregoin, with the following addition, viz:

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

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

And the said Court do hereby declare their opinion, after the investigation of the matter, and after
putting the interrogatories presribed by the War Department, that the above named applicant was a Revo - 
lutionary Soldier, and served as he states.  And the Court further certifies, that it appears to them that A. B.
wh 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 entilted to credit.

I,                                                          Clerk o fthe Court of                                          do eherby certify that the foregoing
contains the original proceedings of the said Court, in the matter of the appliation 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 the original discharge or commis -
sion; 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 detatil his personal knowledge of the ser -
vice of the applcaint, and such circumstances connectherewith, as may have a tendency to throw olight
upon the transaction.

If such surviving witness cannot be found, the applicant wll so state in his declaration, (l) and he will
also, whethr 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 know at the Department.  A very full acount of the services of each person
Page 13

.                                                                                                   3

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 ture, or of detecting the imposition, if one be at -
tempted; 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 subscibe and be sworn to, one of the declarations above provided, according to the nature of his
case.

The Court wil 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 why year were you born?
2.  Have you any recor 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 volunteerm or were you a substitute?
And if a susbtitute, for Who?
5.  State the names of some of the Rgular Officers, who were the troops, where you served; such 
Continental and Militia Regiments as you can recolllect, and the general circumstances of your services.
                                                Did you ever receive a discharge from the service, and if so, by whom was it give -
        To a Soldier.               en, and what has become of it?
6                                              Did you ever receive a commission, and if so, by who was it signed, and wh
        To an Officer               has become of it?
7.  State the names of persons to whom you are knowin your present neighborhood, and who can tes -
tify as to your character for ceracity, and their belief of yourservices 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 civinity of such vicinity of such applicant, who can testify from
the acquaintances with him, that they believe he is of the 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 evidenec of service is deem very important, in the absence of any direct
proof, except the declaration of the party.  And the Courts are request to be very particular in the
enquiry whether the belief is general, and wheter and doubts have ever existed upon the subject.

Applicants unable to appear in Court, by readon of bodily infirmity, may make the declaration beofre
required, and subit 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 peforem
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 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 Justce of a Court of Record, or a Justice of the Peace, and that the signatur 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 susequent thereto, and before the
declaration herein required is made, the parties interested will transmit such evidence as they can pro - 
cure, 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 servies, 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 ffrom doing so by reason of bodily infirmity; in which case the declarant will to
low the rule down for his guidnance.

[b]  The declarant must make his declaration in the county where he resides.  If he should fail do do so, he must assign a sucfficient reason to
conformin 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]  Ever continental officer or soldier must givve 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 fo 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, accoring 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                   ; for such service I cam a pension."


It is important, on all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the
direct 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 to indefinite, and all such qualifyig expressions are objectionable.  Some persons who apply for pension merely stte that they served two years
in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their servie.  This form of a declaration is
highly objectionable.  It must, in every case, be clearly shown under what officers the applican served; the duration of each term of engagement;
the particular place of places, where the service was performed; that the applicant served with an embodied cops called into service by competent au -
thority; that he was either in the field or in garrison; and for the time during which the service was performed, he was now 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 dvice or inscription by which it can be distinquished from any other seal, or if he has not pub -
lic seal of office, the certificate of a member of Congress. proving the offficila 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 authenticate the papers is not written on the same shee of paper which con -
ains the affidavit, or other papers authenticated, the certificate mus be attached thereto by a peice of tap or narrow ribbons, th ends of what must
pass under the seal 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 record of the Department, he must prove his service by two credible witnesses
who are required to set forth in their affiavits 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 belonged.  Themagistrate who may administer the oaths mus certify to the credibility of the wit -
ness, and the official character and signature of the magistrate must be certified by the proper officer, und his seal office.

The notes from[a] to [i] are equally applicable to the cases of Militia men, Volunteers and State Troops.  The proof required by rule is
note [j] applies to continental troops only.

[k]  This traditionary evidence is indipensable in militia cass.

[l]  If a witness cannot be found, the declarant must state the fact.

[m]  The answer to the interrogatories must all be written, and sent ot the War Department, with the declaration.
Page 14

.                                                                                                                                          July 27, 1933.


                                                                                                                                            xxxxxxxxxxxxxx

                                                                                                                                             BA - J / ILL

 
J. M. Wooten                                                                                                                  James Hamilton
2620 Parker Street                                                                                                       S. 4320
Cleveland, Tennessee
                                                                                                                                             Our



Dear Sir:

Referene is made to your letter in which you request the
Revolutionary War record of James Hamilton, who was a pensioner of
Tennessee in 1841.

The record of James Hamiltonis furnished herein as found in
the papers on filed in his pension claim, S. 4329, based upon his service
in the Revolutionary War.

James Hamilton was born January 15, 1757 in Orange County,
Virginia, where he remained until fifteen years of age, then moved to 
Amherst County, that state, where he resided during the Revolutionary
War.

Some months before the British took RIcmond, Virginia, James
Hamilton enlisted and served six months as prive in Captain in Richard 
Ballinger's company, Colonel Pope's Virignia regiment, during which
period of service he marched to Ricmond and then to Rockett's Landing
where he was station to prevent the enemy from entering the river.
After his return hom, he served three months in Captain John Digges'
company , under Colonel Pope one month in Captain Dawson's company, and
a short tour in Captain John Jacob's company, specific dates of these
different tours not stated.

Note to right:  Account in Lossing - Vol. 2 - Page 228 - 229.

The soldier residend for several years after the war, in Amherest 
County, then moved to Augusta County, Virginia, where he remained about
give years and while there, he married.  He moved from Augusta County to
Botetourt andremained about three years, then to Wythe County and lived
for seve or eight years, and about the year 1813, moved to Russell COunty,
Virginia; all of these above mentioned counties were in that state.

He was allowed pension on his application executed February 18,
Page 15

1833 , at which time he resided in Lee county, Virginia, to which county 
he had moved from Russell County abour four years previously.  In 18333,
James Hamilton, the soldier, referred to Mrs. Dougherty, "his first
daughter", aged fifty - five years.

In May, 1835, the soldier had moved from Virginia to McMinn County
Tennessee. He stated then that he had lost his wife and wished to remain
with his  children who had moved from Virginia to Tennessee.  He did not
give the name of his wife, or his wife, or wives, nor his children.

Wyatt Hamilton made affidavit in 1835 and 1838, in McMinn County,
Tennessee, did not state his relationship to the soldier.

James Hamilton died February 6, 1844, survived by only one child,
Wyatt Hamilton.

The record of James Hamilton furnished herein is that of the 
? with the name who resided in Tennessee in 1841, that is 
found on the Revolutionary War records of this office.

                                                   Very truly yours,


                                                   A. D. Hiller
                                                   Assistant to Administrator

 
The 1840 Printed List - shows James Hamilton - Tenn pens.
res. Bradley - Co.
(formerly McMinn)


                                                             2.
Page 16

.                                                 Cleveland, Ten

                                                   Jul 17, 1933


Veterans Administration

Washington, D. C.


Dear Sirs:

I want information in            only Tenn in 1848

regard to James Hamilton

who was on the pension roll

of Revolutinary Soldiers in

1841 and was living in 

Bradley County, Tennessee,

at the time.  I amd making

this request for his great grand

son who is making ? in

family record ---

                   Yours truly

                       
                    J. M. Wooten

2620 Parker Street St      Cleveland, Tenn


(Black Ink Stamp)
RECEIVED
JUL 18 1938
MAIL SUB - DIV.
READER 23
VETS. ADM.
Page 17

Rev War                   4320

                INVALID


File No. 4320

James Hamilton

Pri.  Va. line


Act:    June 7"/32

Index: --- A, Page 158

[Arrangement of 1870.]


1933 - July 27 - His to J. M. Wooten    I L L
Page 18

.                                                     20

                                                      Pension Office                               

                                                      May 2 1848



I have the honor to return herewith                                    

Mr. Hamilton letter and to inform you that

it appears from the returns in the Third

Auditor Office that James Hamilton

late a pensioner under the Act of June 1832

at the rate of $33.333 per anum at the Knox 

ville Agency died on 6 Feb 1844, and

that the arrears , due him at his death

un paid in the 4th Quarter of the year

to J. S. French Annuity for Wyatt

Hamilton only child of the deceased

pensioner.



Hon.  Wm. Cocke

House Rep
Page 19

James Hamilton, Knoxville Ten  transferred from 
Va    Act 7 June 1832  $33.33 pr an

To what true was he last paid and
to when was the payment made
                                                                      GCA

Pension Office
April 27 1848

                                                    Died 6th Feb 1844 paid
                                                     to him death 4th gr 1844 and
                                                     to J. L. M. French, as 
                                                     Attorney for Wyatt Hamilton 
                                                     an only child of deceased 
                                                     pensioner   BLB
Page 20

State of Tennessee              James Hamilton A Revoliution- 
                                                      
McMinn County                      -arty Pension of the United

                                                       States.  Makes the following

application for a new for a new certificate


State of Tennessee

McMinn County

                                     On this 21st day of Jul 1838
            
                                      Before the subsciber a Justice 

of the peace for the said county of McMinn

Personally appeared James Hamilton who on 

his oath declares that he is the same person

who formerly belonged to the company commanded

by Captain Richard Ballinger in the Regiment

commanded by Col Stuban in the service

of the United States that his Name was Placed

on the Pension Roll of the State of Virginia  (Payable

at the agency at  Richmond; and afterwards transfer-

ed to the agency of East Tennessee payable at

Knoxville) that he Received a certificate of that

fact under the signature and Seal of the Secretary

of War  Which certificate on or about the

Tenth of November Last he deposited with Saml

Workman of Athens Tennessee together with a

Power of Attorney from him to Abner G Jackson

of Knoxville Tenneessee, which he the said Saml

Workman  Promised to land to said attorney the

first safe conveyance, and that he has Reason

to believe and does believe said certificate is

lost:  as the same can not ? ? altough

Search has been made for it by his attorney

A G Jackson and the same cannot be found

Sworn to and subscribed

before me the day and uear aforesaid

Geo W. May   Seal                   James Hamilton

Justice of the Peace              (His X Mark)

McMinn County
Page 21

State of Tennessee                      Personally apppeared before me

McMinn County                             George W. Mays a Justice of the Peace

                                                             for the county of McMinn aforesaid

Wyatt Hamilont who is a creditable person

and made oath in due form of Law that he is 

well acquainted with James Hamilton and that 

he well known him to be the same person described

in the above affidavit.


Sworn to and subscribed 

before me this day of July 1838

George W Mays    SEAL

Justice of the Peace for McMinn


State of Tennessee  McMinn County

Personally appeared before me George W Mayo

a Justice of the Peace in and for the county

aforesaid, Samuel Workman and made oath

in due form that he well ? that 

about the time stated in the affidavit of James

Hamilton the same James Hamilton left with

him pension certificate and power of attor -

ney as stated in his affidavit and the same

has been lost or mislaid so cannot be found.

and that he is acquainted with James Hamilton

and know him to be the same person 

described in the affidavit above


Sworn to and subscribed 

before me this 15th Novr 1838        Saml Workman

Geo W. Mays        Seal

Justice of the Peace
Page 22

State of Tennessee           McMinn County           I  John 

B Jackson Clerk of the County Court in 

and for the county and state aforesaid do

certify that George W Mayo Esqr whose name

appears signed to the foregoing affidavits is now

and was at the time of signing the same

an Acting Just of the Peace in and for

the county aforesaid and that his signauture

appears to be in his own proper hand writing


Given under my hand and

seal  of office at office in

Athens this 15 day of November

1838

J  B Jackson Clk

and Acting Justce of the Peace and for
Page 23

100

James Hamilton

ansd  Mar 190'35



Col. J. L. Edwards

Commissioner of Pensions

Washington City
Page 24

Knoxville    February 28th 1835

Sir,

My name was placed on the pension roll

under the law of the 7th day of June 1832 while I lived

In Scott County, Virginia and upt to the 4th

of September   East I have drawn my pension

form the office at Richmond Va. Where my 

name now stands - I have lately removed tp

East Tennessee, where I expect to reside, and I 

wish my name transferred from Richmond

to the office at Knoxville Tennessee - my cer -

tificate entitled me to thirty three dollas and 

thirty tree cents per annum and is dates

the 5th of August 1833.

                           Your Respectfully,


                             James Hamilton


Col. J. L. Edwards
Page 25

(Black Ink Stamp)                                                       Mr.  J. L. Edwards             War Department
?
MAY                                                                                             Washington City
23
 ?                                                                                            D. C.


JME 6

?
Page 26

East Tennessee
                                         May 25 1835
McMinn County

Sir

I enclose your examination

the applicaiton of James Hamilton a pernsion who

has been placed on the Pension Roll of the state 

of VIrginia who has removed to McMinn County

Eas Tennessee and wished his pensionmade payable

at Knoxville East Tennessee you will please to

Examine his application and inform me on the 

subject at Athens Tennesssee

                                               Yours Respectfully,


                                                Samuel Workman



Mr. J. L Edwards
Page 27

(Black Ink Stamp)                                                                                                      (Black Ink Stamp)
KNOXVILLE  TEN.                                                                                                        FREE
Ma 9


                                                                  Col  James L. Edwards

                                                                  Commissioner of Pensions

                                                                   Washington City



? transfer
Page 28

Athens Tennessee                        November 15th 1838

Dear Sir

I herewith Enclose to

you the affidavits of James Hamilton and

other in order to obtain for James Hamilton

a new certificate he haveing heretofore been

a pensioner of the United States and

his Pension certificate having been Lost .....

you will please to eximne the applica -

tion and affidavits and sen his certfif - 

cate to my case at Athen Tennessee.

                       Yours Very Respectfully


                       Saml Workman
Page 29

.                                                                           Application for a Transfer

State of Tennessee
                                          SS.
McMinn County

On this 23d day of May 1835

before me the subscribers a Justice of the 

Peace for said county of McMinn   Personally appeared

James Hamilton who on his oath declares that he is 

the same person who formerly belonged to the company

commanded by Captain Richard Ballenger the Regiment

commanded by Colonel Pope in the service of the United States

that his name was place on the Pension Roll of the

State of Virginia from whence he has lately removed; that

he now resides in the State of Tennessee where he intend to 

remain and wishes his pension to be there payable in

future; the following are his reason for fremoving from

Virginia to Tennessee having list his wife and wishing to

remain amongst his childred they having sold in VIrginia

and moved to Tennessee he removed with them also


Sworn to and subscribed                   James Hamilton
                                                                       (His X Mark)
before me the day and year              

aforesaid

John Cobb
Justice of the Peace


State of Tennessee              Corformably to the Regulation of the War 

McMinn County                     Department,  I John Cobb

a justice of the peace in the county and state aforesad do herbey

certify that I have the most satisfactory evidence viz the

oath of Wyatt Hamilton who is a creditable person

and amon of veracity who personally appeared before me

and made oath that James Hamilton who has thid 

day appeared before me and takken the above oath is the 

identical person descibed in the affidavit.


Given under my hand at Athens McMinn

County this 23 day of May 1835
       
                                          John Cobb          Seal

                                           Justice of the Peace
Page 30

State of Tennessee                       I Archibald R Turk Clerk of 

McMinn County                             the Court of Please and Quarter

Sessions for the County and State aforesaid do certify that

John Cobbs is a Justice of the Peace as above

and that the foregoing signature purportin to be his is 

genuine.  In Tesimony whereof I have hereunto 

afixed my seal of office at office in

in Athens this 23rd day of May 1835

A. R. Turck  Clerk

By his Deputy Saml Workman
Page 31

.                                                                                           Agents Office East Tennessee
                                                                                             ?      Dec 26th 137


Sir 

You wil there find herewith enclosed 

the following applications

Viz -----

Jacob Williford due from March 18 1836 to 4 Sept 1837 @ $20 per annum

Benja Chapman  "           " 4 Sept 1835 to 4 Sept 1837 @ 33.33    "  do

James Hamilton  "          " 4 Sept 1836 to 4 Sept 1837 @ 33.33    "  do

an examination of my ? find the accounts

stand due as above stated;  show retained

the original certificate of pension;  all of which

is submitted for your inspection and further

instruction


I am Respectfully your obt Sert

                                       R King Agent




James L Edwards Esq

Commissioner of Pensions

Washington City
Page 32

.                                  TREASURY DEPARTMENT
                                                                             
                                                           Second Comptroller's Office

                                                            July 17th, 1841



Sir:

Under the act of the 6th of April, 1838, entitled "An

act directing the transfer of money remaining unclaimed by certain

Pensioners, andauthorizing the payment of the same as the Treasury

of the United States," James Hamilton ---

a Pensioner of the Roll of the Knoxville, Ten. Agency, at

the rate of Thirty three Dollars and 33 Cents

per annum, under the law of the 7th June 1832, has

been paid at this Department, from the  4th of Sept 1838

to the 4th Sept. 1840 ----

                                     Respectfully yours


                                      Albion K. Parris
                                      
                                       Comptroller


To the Commissioner

              Present
Page 33

Pension Office

                                         February 7th 1848



Sir,

I have the honor to return herewith

Mr. Hamiltons letter and to inform you

that James Hamilton was allowed a 

pension for all the sevice specified by

him in his declaration vzt  6 mo in 1787

under Capt Richard Bollenger, 3 month

under Capt Diggs, of Col Popes Regiment

and I mo under Capt Dawson making

an aggragate of 10 months - which was

admited in the aopisment of this ?
Page 34

.                                  TREASURY DEPARTMENT.

                                                          Second Comptroller's Office

                                                          February 11th, 1839



Sir:

Under the act of the 6th of April, 1838 entitled "An

act directing he transfer of money remaining unclaimed by certain

Pensioners, and authorizing the payment of the same at the Treasury

of the United States, " James Hamilton, ---

a Pensioner of the Roll of the Knoxville, Tenee Agency, at

the rate of thirty three Dollars and thirty three cents

per annun under the ? ? 7th June 1833, has

been paid this Department, from the 4th of Sept. 1836,

to the 4th, 1837.  

                                    Respectfully, yours,


                                    Albion K. Parris
                                     Comptroller


To the Commissioner of Pensions

                                                    Present