Revolutionary War Pension and Bounty Land Warrant Application File S 3500, John Weeks, N.C.

SERVICE
NUMBER
NC
Weeks John
83500
CONTENTS
Carded

26691
West Virginia
John Weeks
of Perry Co in the State of Virginia who was a private in the reg t commanded by Captain Brumfield of the reg t commanded by Col Lockhart in the Virginia line for 1 year
Inscribed on the Roll of West Virginia at the rate of 40 Dollars & Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 25 day of April 1834 and 1 year W th 6 Cents per M th
  Arrears to the 4th of March  120.00    Remnant allowance ending Oct 1 st  20.00     $140.00  
{ Revolutionary Claim, } { Act June 7, 1832. }
Entered by Sam l Doyd Clerk
Vol. Page 99
Let ter W th 21/30 to Hon J. G. Harro Jan 2/31

State of Tennessee } Court of Pleas and Perry County } 30 th Quarter session term.
Term 1833 on this 22 nd day of January 1833 personally appeared in open Court before the Justices of the Coun- ty Court for Perry County now sit- ting John Weeks a resident of Mor- gans Creek in Perry County and - State of Tennessee aged 79 years the 11 th day of June next 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 7 th 1832 That he entered the service of the United States under the following officers and served as herein stated
This declarant states that he entered the service as a volunteer under Capt Brownfield his lieut's name was Lock the Ensigns name was Sabens the Orderly Sergeants name was Jesse Matthews he was in Col. Lockes Regiment his Maj's name was Nelson he entered the service in the County of Mecklenburg North Carolina in the year 1779 he he believes was from there marched to what was called the Ten mile house from Charles Town South Carolina from thence to Purisburg on Savannah River he declarant was here detached to Col. Lytle's Regiment of light Infantry but

was to be discharged when the rest of his Company was discharged he was in 2d Regi- ment up to Augusta we here lay com- pany probably two months then Gen Ash then joined us we were in the South Carolina side of the River till Ash joined us then the British left Augusta and we crossed over the River to the Geor- gia side and pursued them down to Oconee Creek then the British there attacked Gen Ash who was about one mile & a half from us Col. Lyttles Corps then marched on to the assistance of Gen Ash his men were here broken into disorder when we got up to them they were Mili- tia & we were also defeated that is Col Lyttles Corps then we crossed the Savannah & he was attached to his own Company again from there we were marched down to Black Swamp and there lay till discharged he thinks his Capt was all the offi- cer that assigned his discharge 55 he served this four five months & five days he entered the service in November of the year 1789 to the best of his recollection as a have but is unable

and very probable it was in the 1775 The next tour he served he volunteered under Capt Flanagan his Col. was Davy close not recollect his reg't's - name his Lieut's name was Cook The rest of his company officers he does not recollect he entered the service in the same County & State this tour he served some - probably in the year 1779 or 80 but he at this lapse of time & not expecting at that time the dates ever to be of any importance to him he does not know for - he did not change his name any with them from that time he was this tour of service which to the hanging oak & to fight the - British and Tories when we - got there we had first an engage- ment here with the Tories first we killed several of them and - drove the rest back then the British came on to reinforce them the Tories & we soon put them to the rout we killed all except what we made prisoners Gen l Sumpter commanded us as - our Gen l at this place had Gen l Sumpter returned to the South - Carolina on the side of the & we were marched here to Charlotte

3 Declarant served this war three months after after he got home he heard not long but he thinks a week or two that Gen. Sumpter was defeated And but a little while after he heard for this news the British came on to Charlotte our County seat at this critical time which the dates of which declarant does not recallect precisely but he thinks in the year 1780 but as to the time he does not wish on his oath to say the memory of man being so frail he may in this as well as in the other states be mistaken a year or two served himself to Capt Lawry's Volunteer Company as a volunteer company the camp being the place more safe than any other at this time and attached ourselves to General David Jones Corps as our General had been taken at Sumpter that is Gen. Rother- ford whom commanded the Militia we were marched to the lower end of the County we lived in & served General Gen. Green we done nothing this war of note 3 but from the letter must be declar- ant served this war three months

Just before peace was made he was was drafted & sent out but before he was joined to the main troops we heard news of peace & went home his Capt was Mr Potts his Maj's name was Thos Harris & the highest officer. He served this War one month He knew Col. Lytle & some of the other Regular officers that were in the service that gave evidence in his declaration he served twelve months in all he never was discharged from the service only must just dismissed
He hereby relinquishes every claim whatever to a pension or annuity — except the present and declares that his name is not on the Pension Roll of the several Army State
Sworn to and subscribed the day and year as aforesaid
John his Weeks mark.
We Abt Farlane and Nat Dicki- -son Residing in No Oil County of Penns hereby certify that we are well acquainted with John Weeks who has subscribed & and sworn to the above declaration that we believe him that we believe him to be 79 years of age that he is reputed and believed to, in the neighborhood where

He wishes to have been a soldier of the Revolution and that we are in that opinion
I worn to & I subscribed the day and year above said
Wm. Harlanson his Not Publican mark.
Questions by the band
1 st Where & in what year were you born Ans I was born in Augusta County Virginia in the year 1754 June the 11 th
2 d have you any record of your age and
so where is Ans I have none
3 rd Where were you living when called in to the service where have you lived since - the Revolution as now and when do you now live
Ans I lived in Mecklenburg County North Carolina when I entered the service then in Pendleton South Carolina the to I had lived in several counties & now lives in Pa. 4 th How were you called into service were you drafted or were you a volunteer or were you a substitute & if a substitute for whom
Ans I was a volunteer all but one time of one month he was drafted
5 th State the names of some of the Regular officers who were with the Troops where you served such as Continental & Militia Regiments as you can recollect & the general circumstances of your service
Ans I was with Col. Lytle's Regiment of Infantry Gen Green's & the Regiments as in my declaration

6 th Did you ever receive a discharge from the Service & if so by whom was it given & what was the cause of it
Ans I receive a discharge by my Capt but it has since been lost
The Capt that gave me the discharge was — Brumfield
7 th State the names of persons to whom you are known in your Neighbourhood and who can testify to your character for veracity and their belief of your services as a soldier of the Revolution And Nat Dickinson & Abt Farlanson & divers others
And the said Court do here by declare their opinion after the investigation of the Matter and after putting the interrogatories pre- scribed by the war department that the above named applicant was a revolutionary soldier and served as he states and the Court further certifies that it appears to them that Nathan Dickinson and Alexander Farlanson who had signed the preceding certificate are Residents of the same Neighbourhood and are credible persons and that their statement is entitled to credit
(J. Houston) J. B.
John Shappard J. B.
Wm Ward J. B.

I Lipe Luebler, Clerk of the County Court of - Perry County do hereby certify that the fore- going contains the original proceedings of the Court in the Matter of the application - of John Grecks for a pension. — —
In testimony whereof I have hereunto set my hand and private seal this being no seal of office this 24 th day of January 1839 —
Lipe Luebler Clerk By J. M. Buchanan D.C.
John Weeks 28. 436 declaration forwarded by Mr. Fitzsimons of Tennesse

I certify that Jesse Swallow was clerk of the Court of pleas & quarter Sessions, for the County of Perry and State of Tennessee at the time of signing the certificate to the within paper and that J. R. Caldwell was his lawful deputy and that the signatures are in the writing of said Caldwell. I also certify that at the date of said said certificate there was no seal of office for said Court.
April 15 th 1834
W. D. Campbell

Camden Township 5 th Oct /50
Hon. J. L. Edwards
Or sir I have in my possession the pension Certificate of John Weeks who was placed on the pension Roll on the 23 d April 1834 at the rate of $40 per annum from the 4 th March 1831 under the law of 1822. John Weeks died the very day that the pension Certificate came to hand. I believe about the 16 th day of May 1834 his son called on me not long since to know whether he could get the back dues that is if he could draw the money from the 4 th March 1831 up to his fathers death as the old man never drew I told him I thought so: he further desired to know if the administrator could draw
You will please when you send me the Instructions in the Bap-case herewith enclosed send me the necessary instructions in the case of Weeks's heirs.
Your Obedient Servt & fellow Citizen
W. L. Doherty of Camden Township

1 1 1 1
Rev. Skunk
3500 INVALID.
File No. 3500
John Weeks Port. N. E. line
Act: June 14/32
Index:—Vol. A , Page 397
[Arrangement of 1870.]

28.436 John Weeks Perry Co. to Lemper
for 1779 per 1 yr $40.
W. D. M. L. A. F.
W. H. Fitzgerrald Breden Ten

WAR DEPARTMENT,
Pension Office,
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 subjunct notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of John Weeks
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     5  Served in all 1 year.  See note i.   
I am, respectfully,
Your obedient servant,
JAMES L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops. 2. The State Troops, Militia, and Volunteers. 3. Persons employed in the Naval Service. 4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } 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 District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (if) 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 _____ A. B.
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of _____ &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____, who has hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do 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 certifies, that it appears to them that A. B. who 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 entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this                      day of                      &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (1) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom? 
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
 6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?  { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, 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 of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers 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.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths 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.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.