Revolutionary War Pension and Bounty Land Warrant Application File S 1653, James Collins, N. C.

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Service: N. C.

Collins, James

Number: S 1653

Carded

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8036

West Tennessee

James Collins of Madison in the State of Ten:
who was a pr. Cav. in the company commanded by Captain Jones of the Regt commanded by Col Alstan in the N. Car. line for 6 months from 1778

Inscribed on the Roll of West Tennessee at the rate of 25 Dollars _ cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 12 day of March 1833 and _ H. Talbot, Jackson, Tenn.

Arrears to the 4th of March 1833: 50
Semi-anl. allowance ending 4 Sept: 12.50
----
$62.50

{Revolutionary Claim, Act June 7, 1832.}

Recorded by Nathan Rice Clerk,
Book D Vol. 9 Page 145.

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No. 2

James Collins

application for Pension

8293.

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Declaration of James Collins
     In order to obtain the benefit of the act of Congress passed 7th of June 1832
State of Tennessee}
Madison County}           S.S.
     On this eighth day of August 1832 personally appeared in open court, before John M Johson James H Rogers and Jacob Perkins Justices of the Court of Pleas & Quarter Sessions for the County of Madison in the State of Tennessee James Collins aged about ninety one 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 7th 1832,
     That he was borne near the Town of Edington in the State of North Carolina on the 17th of May 1741, from the history he has learned from his father they moved about [illegible] year after his birth to Johnson County and lived there about [? three] years and then moved to what was then called Cumberland County,/now  Moore/ on Deep River, wher (sic) he lived during the Revolution. His age was registered in a book kept by his grandfather, which he often saw while he was growing up, but does not know where it can be found, or whether it was destroyed.  In December 1778. He volunteered in the American Service, in a troop of Horse under Captain William Jones, (generally called Wicked will Jones), and was attached to the [illegible] regiment commanded by Col Philip Alston of N. Carolina, and about Christmas marched under Genl Ashe, who was the commander in chief of the North Carolina Militia, to Charleson, South Carolina, Where we arrived some time in January 1779 and drew our Arms. While here we had heard of the British forces about to land below Sevanna in Georgia, and we were ordered by Gent Lincoln to Georgia, while we were on the march in February we learned that the British had landed and taken Sevanna, and had gone up the county as far

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Augusta, we were order to take a position opposite Augusta, to prevent the British from passing into South Carolina, about the time of our arrival the British left Augusta, and retreated, we crossed the Sevanna river and took a position on Briar Creek, about the last of February or first of March, we were divided into two parties under General Briant and Col Elbert who I believe was a continental officer, but had very few continental troops not [ ? remaining] a hundred.  While here we were surprized by the British, Col Prevost, who had crossed over from East Florida, and by dividing his troops into two parties one in front and the other by a circuitous march crossed Briar Creek considerably above our [illegible] and, came in on rear, while we were washing our clothes and amusing ourselves. Some fishing and some at one thing and some at another, had been completely surprized, and routed, some swarm the men and others made their escape, among the number who made their escape was Genl Ashe, Col Elbert did make some fight, but was overpowered directly and I was taken prisoner with many others amount whome was my Col Alston, The prisoners were carried to Sevanna, and were offered three alternatives, to inlist in the British service, or go aboard the Prison Ship and be put in irons, or be sent to Florida.  I was sick when we came to Sevanna, and met with an old friend by the name of William Armstrong and old friend of my father, who lived at Sevanna who [illegible] for me and I was left with him to be responsible for me, when I got well after ward I was sent over towards Florida and was kept on Turtle River, and remained there a prisoner until August 1781, when he was told he was at liberty to go, he understood he had been [illegible],/ after leaving there he came to Newport, and the tories and Indians, were so bad killing and robeing, that he was afraid to go further and remained at Newport about two months, when he

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left them and arrived at home in January 1781, He never performed any other campaigne after this. In the said campaign he had volunteered for six months service and by being
taken prisoner as before mentioned he was from home about
three years. He never received any regular discharge, and had never called on to perform any military service after
he came home. I refer to Philip Alston the son of said Col Aston & Asa Stone who will state as to my veracity and their belief of my services - After the Revolution I lived in Moore County N Carolina until the
year 1822 or thereabouts when I removed to this state and lived about a year in Maury County, from thence I came
and lived two years in Carroll County and from there moved to the county where I now live. He hereby has every claim to a to pension or annuity except the [illegible], and declares that his name is not on the Pension
Roll of the agency of any State.
Sworn to and subscribed in}
open Court on this eighth day of}
August 1832-}
RM Iver Clerk

James Collins signed
R Wet Clerk
by J H Talbot in the
presence of the court &
at the request of said
[illegible]
&
I Philip Alston, residing in the county
of Madison in the State of Tennessee do certify that I have been acquainted with James Collins who has subscribed and sworn to the above declaration about thirty five years, I
am the Son of Col Philip Alston mentioned in the said declaration and has often heard my father and all the old people in
the neighborhood where he lived in Moore County N.C. speak of him as a Revolutionary Soldier, and it is also believed
by all who know him in the neighborhood wher (sic) he lives, and I concur in that opinion, and I have never heard his services
disputed, and that the said James Collins has always sustained the character of a man of truth and entitled to credit on his oath, and I believe him to be the age he states
sworn & subscribed to in open court
Philip Alston
RM Iver clerk

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I Asa Stone of Madison County in the State of Tennessee do certify, that I have been acquainted with James Collins who has sworn to and subscribed the foregoing declaration, for Seventeen years in North Carolina and where he now lives.  That he has always born the character of an honest man and of veracity and entitled to credit on his oath, And I have always heard him called a Soldier of the revolution and never heard it denied, and in that opinion I concur and believe him to be the age he states.
Sworn to & Subscribed in open
court - this 8th August 1832
Test R M Iver Clerk
Asa Stone [signature]

     And the Said James Collins being interrogated says he does not know of any person living by whom he can prove his Services, And the said Court do hereby declare their opinion after the investigation of the matter, and after putting the Interrogatories prescribed by the war department, that the above named applicant was a Revolutionary Soldier and Served as he states, and the Court further certify that it appears to them that Philip Alston and the Said  Asa Stone are citizens of this County and are both [illegible] persons and entitled to [illegible].  And the Court further certify, that there is no regular Clergyman residing in the vicinity of the Said James Collins.  The Clergy in this County are generally transient persons or circuit riders.
J. M. Johnson
Ta. H. Rogers
J. Perkins
I Roderick M Iver of the Court of Pleas & Quarter Sessions for the County of Madison State of Tennessee [illegible] certify that the foregoing contains the original proceedings of the Court in the matter of the application James Collins for a pension. 
     In testimony whereof, I have hereunto set my hand and affixed my seal of office at Jackson on this 8th of August A D, 1832.
R M Iver clerk

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8293
James Collins

from 1778 [? private]
Cavly. 6 months
$25.


Jos. H. Talbot
Jackson

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8293
BRIEF in the case of James Collins 
County of Madison in the state of tennessee
(Act 7th June, 1832.)

1. Was the declaration made before a Court or a Judge? Court 
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? ~
3. How old is he? 91
4. State his service, as directed in the form annexed.  

Period. 
Vol. in 1778 Dec. 

Duration of Service.
Years, 2 Months, 8 Days. ~

Rank. 
private

Gen. 
Capt. W. Jones, Col. P Alston, Gen. Ash, Col. Elbert

5. In what battles was he engaged? Briar Creek
6. Where did he reside when he entered the service? Moore Cty. N.C.
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? Correct

Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned. 

F. Waugh Examining Clerk.

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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?  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?  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 amout 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?  yes

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?  two citizens

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

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? yes

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? ----
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? ----

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?  7.


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 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 be 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 of office of the certifying officer, so as to prevent any paper from being improperly
attached to the certificate.

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Rev War.
1653
[check mark] INVALID
File No. 1653
James Collins.
Priv. N.C. Line
Act:  June 7, 1832
Index:- Vol. A,
Page 72
[Arrangement of 1870.]