Revolutionary War Pension and Bounty Land Warrant Application File S. 8246, James Collins, N. C.

Page 1

(3-1776)

Service
N.C. 

Collins, James

Number
S.8246

barded

Contents

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16.403
North Carolina
James Collins of New Hanover in the State of N.Ca who was a Pri. in the [blank] commanded by Captain [blank] of the Reght commanded by Col. Matheus in the No. Ca. line for 9 months.

Inscribed on the roll of No. Carolina at the rate of 30 Dollars - centers per annum to commence on the 4th day of March, 1834. 

Certificate of Pension issued the 6th day of Aug. 33. and [illegible] I.W.
Stanley Wilmington N.Car

Arrears to the 4th of March 1833    60
Semi-anl. allowance ending 4 Sept.   15
$75.00
{Revolutionary Claim, Act June 7, 1832}

Recorded by N Rice Clerk, Book 3 Vol. 6 Page 36.

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State of North Carolina
County of New Hanover 
Court of Pleas & Quarter Sessions, September Term 1832
On this 13th day of September in the year 1832 personally appeared in open Court before the Court of Pleas & Quarter Sessions for the County of New Hanover. now sitting at the Court House in Wilmington, James Collins
a resident of the County of New Hanover & state aforesaid. aged about seventy five 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 act of Congress passed June the 7th 1832.- That he was born in the
County of Pasquotank & State aforesaid some where about the year 1757.-
That he has no record of his age, that he lived in the County of Onslow N.Ca. at the time he was called into service & that he now lives & has lived since the revolutionary war in the County of New Hanover N. Ca.
That he served three terms of three months each during the revolution. Twice as a draftsman & once as a substitute.- The particulars of which are as follows- vis
That he first entered the service under

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Capt Wm Crag, Col Mathews & General
Lillington in the latter part of the year
1779. That he marched under them from
Wilmington N Ca by the way of Georgetown & Moush's Corner to a little place called
Dorchester in South Carolina. That
there being met by two United States officers
Col Dickson & Major Sharpe
he marched with & under them to
Charleston So Ca. That he there served with
the troops commanded by Genl Lincoln
seven or eight weeks & assisted in throw-
ing up a breast-work or fortification
for the defence of the city.- at the expiration
of which time the militia under
Genl Lillington being discharged. he returned
to Wilmington N.Ca. under the command
of Capt William Crag. where & from whom
he received a discharge in the latter part of
March in the year 1780.-
That after his return from Charleston
he went up into Chatham County N. Ca.
in November of the year 1780. at which
time & place there was a draft made- That
among the men drafted was one
by the name of Parish Self, whose place
he took in the company commanded
by Capt Crump, with whom he marched

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to Salisbury No.Ca. where he joined a
body of men under the command of Col
Farmer & Major Murphy.- That he
marched with them to a place on the
Catawba river called Cowans ford, where
he remained four or five weeks guarding the ford for the purpose of preventing
the passage of the british forces-
That at the expiration of that time
the British effected a pasage six or seven
miles below where a body of men were
stationed under the command of Genl
Davidson- That after the passage of
the british forces, he marched back
under the command of Genl Pickens &
Major Sharp, (who had come to them
one or two days previous.) to Salisbury
From thence across the [illegible] in
the direction of Guilford court house
within about twenty miles of the same
where he was discharged in the year
1781- the time for which he acted as
substitute having expired. That after
his discharge he returned to Onslow
his place of residence & was
drafted again in July of the year 1781

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& entered the service under the command
of Capt Amos Love & Genl Lillington
with whom he marched to Trenton in
Jones County N Ca. in pursuit of a body
of troops under Major Craig. That at
Trenton he with the rest of the company
to which he belonged was granted permiss
sion to return home. subject however
to be called out in case of emergency to
serve out the balance of the time for
which he was drafted-That in September
of the same year he was accordingly
called upon & turned out under Capt
Amos Love at the Richland Chapel in
Onslow County. Where he joined a body
of militia under Capt Coleman. Capt
Becotes, Lieutenant Slade, Lieutenant
Cotgraves & Lieutenant Pastors. That
with them he marched into Duplin
County No.Ca. to a place called the cross
roads. That he there remained until
near the expiration of his time of
service. when he was marched back to
the Richland Chapel & discharged in
the latter part of the year 1781-
That the above is a faithful account

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of his services. That his several discharges
he has lost.-That┃he knows of no
person living who can testify to any
part of his service except Stephen
Costen of this County of Onslow, N. C.
who served with him in his tour to
Charleston under Capt William Crag
& whose testimony as to that portion
of his service is herewith transmitted
That he hereby relinquishes every
claim whatever to a pension, except
the present, & declares that his name
is not on the pension roll of the
agency of any State-
Sworn to & subscribed the
day & year aforesaid
James X[his mark]Collins
State of North Carolina
County of New Hanover
Court of Pleas & Quarter
Sessions September Term 1833
I Stephen Costen of the County of Onslow
do hereby certify that I served with James
Collins, who has signed the above declaration in one tour of three months under Capt William Crag & Genl Lillington in which tour we marched to Charleston to So. C. & served with the troops commanded by Gen.Lincoln & I do hereby further certify that

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I have heard that part of his declaration
read to me & that the statement made
by him is correct & true to the best of
my knowledge & belief-

Sworn to & subscribed ⎬
this 13th day of Septr 1832

Stephen X [his mark] Costen

We Montague W Campbell & John A
Lillington residing in the Town of  Wilmington county of New Hanover & State of North Carolina
Do hereby certify that we are well acquainted with James Collins. who has subscribed & sworn to the above declaration: That we believe
him to be seventy five years of age; that
he is reputed & believed, in the neighbourhood where he resides, to have been a soldier of the revolution & that we concur in that opinion-
Sworn to the 15th
day of Sept 1832
JA Lillington JP
MW Campbell JP
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

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served as he states. and the court further certifies that it appears to them, that
John A Lillington & M W Campbell who have signed the preceding certificate are credible persons residing in the Town of Wilmington, are Justices of the court. for the county of New Hanover & that their statement is entitled
to credit.-
I John W Stanly Clerk of the Court of Pleas
& Quarter Sessions for the County of New Hanover. Do hereby certify that the
foregoing contains the original proceedings of the said court in the matter of the application of James Collin for a pension.-
In Testimony whereof I
have hereunto set my hand & seal of
office this 13th day of September A.D. 1832-
John W Stanly Clk

[seal] 
State of North Carolina County of New Hanover

Court of Pleas & Quarter Sessions,
June Term 1833
Personally appeared in open court this 10th day
A D 1833 James Collins who has sworn to & subscribed the above declaration. who being first duly sworn according to law doth on his oath further declare that he hereby relinquishes every claim to a pension except the present, under the
act of June the 7th 1832 - That there is no

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Clergyman living in his neighbourhood, which is the reason that the certificate of one was not obtained & that he has no documentary evidence of his service to & subscribed in open court
James X Collins
       his mark
State of North Carolina
County of New Hanover
Mr. Nicholas M Nixon & M W Campbell do hereby certify that Stephen Coston who has
signed the above certificate in behalf of James Collins is a credible person & that his
statement is entitled to credit.
In testimony whereof we have
hereunto set our hands this 12th day
of June A D 1833-

Sworn to & subscribed in open court
MW Campbell JP
Nicholas N Nixon JP
and the said Court do hereby declare their opinion
that Nicholas N Nixon & M W Campbell who
have sworn to & subscribed the above certificate are credible persons-

I John W Stanly clerk of said court do
hereby certify that the foregoing contains the
original proceedings of the court at its session
in June 1833 relative to the application of
James Collins for a pension- In testimony
whereof I have hereunto set my hand & affixed
my seal of office this 11th day of June 1833-

John W Stanley Clk

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James Collins
N Carolina
Admit as a private
Amt $30
7. 14.
Apl 29.33

P. 359
[11906]crossed out
11937
JW Stanly
Wilmington
N.C

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6s
BRIEF in the case of James Collins
of New Hanover in the State of N C
(Act 7th June, 1832.)
1. Was the declaration made before a Court or a Judge? Open Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? 75
4. State his service, as directed in the form annexed.
Period.       Duration of Service.     Rank.   Name of General
                                                                   and Field Officers
                                                                    under whom he served

Period.                Years, Months, Days   As a           Gen.
into service
1779                                   3                    Private              Cap Crag
1780substitute                   3                      "                      Col Mathews   
July 1781                            3                      "                    Major Murphy
                                                                                           Col Farmer




.

5. In what battles was he engaged? None mentioned
6. Where did he reside when he entered the service? C of Onslow NC
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?
traditionary
8. Are the papers defective as to form or authentication? and if so, in what respect?


Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
George Taylor
Examining Clerk.

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8246

[illegible] INVALID [illegible]
-----------
File No. 8246

James Collins
Pri Rev. War
Act: June 7th 1832
Index: --Vol. 1st, Page 175
[Arrangement of 1870.]

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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of James Collins which require further proof or explanation. 

I. Does the declaration show where the applicant resides? 
yes

II. Did the declarant make the declaration in the county where he resides? 

III. If the applicant did not make the declaration in the county where he resides, is there nay reason assigned for his not doing so? 

IV. Has the declarant mentioned the period of periods of the war when he served? 
yes

V. Has he mentioned 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? 
yes

VI. Has he given the names of the officers under whom he served, in conformity with the regulations? 
yes

VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? 
No 

VIII. Has the Court given their opinion? 
yes

IX. Has the Clerk given his certificate? 
yes

X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? 
yes

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XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? 
yes as to others

XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?

XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? 

XIV. If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? no
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? 

XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have personal knowledge of the applicant's service?

XVI. Are the papers authenticated as the regulations direct?
yes

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes

EXPLANATORY NOTES
QUERE V. 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.

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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 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 objection
able. It must in every case be clearly shewn 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.
QUERE XIV. Proof of Service.
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 claimants 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 signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI. 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 paper 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.
In every case where the clerk of the court, or other certifying officer, 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.
In The affidavit of Coster he is not certified to be credible-