Revolutionary War Pension and Bounty Land Warrant Application File S. 9,183, John Clayton, N.C.

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[preprinted form]
Service                                                                 Number
  N.C.                    Clayton, John                          S. 9.183
                                                                                         carded
Born in N. C.
______________________________________________________________________
Contents

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[top plus right corner torn off]
North Carolin[a]
John Clayton
[preprinted form]
of Person in the State of North Car: who was a pri: in the company commanded by Captain McFarland of the Regt. [t is superscript] commanded by Col. Moore in the North Car: line for 9 mos.

Inscribed in the Roll of North Carolina at the rate of 30 Dollars ____ Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension ifsued [issued] the 24th day of June ’33 and sent Hon: D. S. Barringer Raleigh N. C.

Arrears to the 4th of             March ’33 —  60
Semi-anl. allowance ending 4 Sept    "  —  15
                                                                    =====
                                                                    $75
                                                                    =====

Revolutionary Claim,
Act June 7, 1832.
Recorded by Wm. [m is superscript] Miller Clerk,
Book E. Vol. 6. Page 36

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John Clayton
Declaralinas [?]

To the wars [sic] Department

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State of North Carolina
Person County

On this 17th day of Decr personal appeared in open Court before the Justices of the County Court of Pleas & Quarter Sefsions [Sessions] for Person County, now siting [sitting] John Clayton a resident of the County aforesaid aged about seventy four 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 Congrefs [Congress] pafsed [passed] June 7th [th superscript] 1832. That in the year 1780 he was drafted for three months in the Militia of North Carolina; that at the time of his being drafted he was a resident of Caswell County in the State of North Carolina; that he was placed under the command of Captain Mc Farland and Lieutenant Parks and marched from Caswell Court House by Hillsborough to Salisbury and thence to Camden in South Carolina where he joined the American troops under General Gates; That not long after his arrival at Camden the Battle of Camden was fought between the American & British forces which resulted in the defeat of the American Army under Genl Gates- that the regiment to which he belonged was commanded by Col. William Moore and the brigade by General Butler; that after the battle of Camden, the Regiment to which he was attached retreated to Hillsborough when he obtained a furlough until orders should be received for further service; that he came home and remained about three weeks

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when he was again called out and the company to which he belonged convened at Col. Moore’s in Caswell County and marched from thence under Capt. Oldham and crofsed [crossed] the Yadkin river at the Shallow ford near which place he joined other troops under Genl. Butler and remained there three or four weeks, when this declarant was sent together with several others who were drafted at the same time with him under Ensign Thomas Miles to the Catawba river and then joined General Davidson’s command, at this last named place he remained until his term of service expired and was discharged. In the year 1780 this declarant was again drafted in Caswell County for three months service, was placed under the command of Capt. Frederick Dubois and marched from Caswell court House to Hillsborough where he was stationed as a guard and remained there until he was regularly discharged. In the year 1781 this declarant was again drafted in Caswell County and put under the command of Capt. Harden & Lieutenant Thomas Barrett, he was marched from Caswell Court House to Ramsay’s Mill on Deep River when Genl Butler commanded; he remained there three months to guard the public store of provision then collected, at the expiration of which time he was discharged. Again in the year 1781 this declarant volunteered for a term of three months to collect provisions for the use of the American Army; that he served in that capacity for three months & performed all the duties required of him as a collector of provisions [overwritten; typist guessed the only work fairly legible] for the public use. That he was born in Warren County North Carolina in the year 1758; that he has no record of his age, the bible containing the record of his age having been burnt a short time since;

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that when first called into service, he resided in Caswell County North Carolina and continued to reside in said county until its division into Caswell & Person Counties since which time he has resided in Person County; that he received discharges but has not preserved them, believing that they would never be of any service to him. He hereby relinquishes every Claim whatever to a pension or annuity except the present, and declares that his name is not on the pension role of the agency of any state.

John [his mark] Clayton [SEAL]

Test
Jesse Dickins C.C.C.

State of North Carolina
Person County

Buckley Walker maketh oath that he is well acquainted with John Clayton and that he is the same man who served under Captain Macfarland in 1780 according to his statement in this his declaration and that this affiant served the whole tour to the south which resulted in Gates defeat with said Claton [Clayton] having gone and returned with him.
Buckley [nol [?] mark] Walker [SEAL]

Sworn & Subscribed in open Court
this 17th [th superscript] Decr. 1832

Test.
Jesse Dickins C.C.C.

State of North Carolina
Person County

Moses Springfield maketh oath that he Served with John Clayton in the Second and third Tours mentioned by him in this declaration & that said Clayton performed the services then set forth.

Buckley Walker [name crossed out] [SEAL]

Moses [mark] Springfield [SEAL]

Sworn to in Open Court
this 17th Decr 1832
Test. Jesse Dickins C.C.C.

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I Jesse Dickins [DickensClerk of the County Court of Pleas and quarter Sessions in and for the County of Person and State of North Carolina do hereby certify that the foregoing sheet contains the original proceedings in the Application of John Clayton for a pension in Testimony whereof I have hereunto set my hand and seal of office the 19th [th is superscript] day of December 1832.
Test. Jesse Dickins C.C.C.

I Certify that the Witnefses [Witnesses] Buckley Walker and Moses Springfield who have Testified To the within declaration are Known to me – personally and one of these Moses Springfield for twenty seven years – and that both are men of Veracity and to Be believed on their oath.
D. L. Barringer

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John Clayton

Feby 16 1833

Admit as private for 9 mo $30

6, 8, 11, 12 13, 14
P 249

Hon. D. L. Barringer
H.R.

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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 John Clayton [name handwritten] which require proof or explanation.

I. Does the declaration show where the applicant resides? [handwritten] Yes

II. Did the declarant make the declaration in the county where he resides? [handwritten] Yes

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

IV. Has the declarant mentioned the period or periods of the war when he served? [handwritten] 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? [handwritten] Yes

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

VII. Has lie made a relinquishment of every claim to any other pension than the one under the Act of June 7,1832? [handwritten] Yes

VIII. Has the Court. given their opinion? [handwritten] No

IX. Has the Clerk given his certificate: [handwritten] 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? [handwritten] 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? [handwritten] No

XII. If the clergyman's has not been produced, is there any reason assigned for not obtaining it? [handwritten] No

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? [handwritten] No     He has produced the evidence of two living witnesses.

XIV. †If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? [handwritten] No

Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?

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 a personal knowledge of the applicant's service? [handwritten] Yes

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

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


EXPLANATORY NOTES.

*QUEUE 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, deposed 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 the 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.

‡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 authenticated 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 end of which must pass under the seal office of the certifying officer, so as to prevent any paper from being improperly attached to the, certificate.

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State of North Carolina
Person County
[to the right of above]
Superior Court of
Law & Equity Spring
Term 1833

Personally appeared in open Court before the Hon Thomas Little one of the Judges of the court aforesaid John Barnett Esq Shiny, [Sheriff?] and Hugh Woods Esq alho [also?] being first duly swn [?] doth upon their oaths declare that they are acquainted with Moses Springfield and Buckley Walker whose affidavits are Included in the annexed declaration of John Clayton, a soldier of the revolution and that they are credible persons, and intitled [entitled?] to belief on their oaths.

Sworn to and subscribed
In open court
Test
Duncan Rose C. S.C.

John Barnett
Hugh Wood

And the Judge Presiding hereby declares his opinion that by Virtue of the proceedings had in the court of Pleas and quarter Sefsions [sessions] as well as of this annexed proceedings now here  [?] had that John Clayton whose declaration his [h is smeared] hereto attachd [d is superscript] was a soldier of the revolution and served as he states, and that Moses Springfield and Buckley Walker are credible persons and intitled [entitled?] to belief, and the court further certifies that John Dillehay whose certificate is hereto attached is a clergyman resident in the

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County of Person. and that his statement is intiled [?] to credit [?]
Thos [s is superscript] Little [initials illegible]

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I John Dillehay [?] a Clergyman residing in the county of Person do hereby certify that I am well acquainted with John Clayton the applicant for a pension in the annxd [d is superscript] Declaration, and that I believe him to Be seventy four years old, that he is reputed in the neighborhood where he resides To have been a soldier of the revolution and that I concur in that opinion.

John Dillehay
Subscribed and sworn to
in Open Court the 18th [th is superscript]
May 1833
Test
Duncan Rose C. S.C.

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[pre-printed form]
9183
Invalid
File No. 9138
John Clayton
Prn [?] Rev. War
Act: June 7th 1832
Index:—Vol. 1st, Page 69
[Arrangement of 1870.]