Revolutionary War Pension and Bounty Land Warrant Application File S. 31467, James Weekes, Va.

SERVICE
Wa-
Weekes, James
NUMBER
S. 31467.
CONTENTS

25197 Kentucky
James Nichols
Spencer Co in the State of Kentucky who was a private in the army commanded by Captain Bryson of the reg t commanded by Col. Gannad in the Virginia line for 6 months
Inscribed on the Roll of Kentucky at the rate of 20 Dollars 00 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 6 day of Dec r 1833 and No. 16 H. Robinson
Arrears to the 4th of Sept r 50.00 Semi-ant. allowance ending 4 March 10.00 $ 60.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by David Boyd Clerk, Book 8 Vol. 7 Page 33

State of Kentucky } ss. County of Spencer }
On this 8 th day of October 1832 personally appeared in open Court before the Justices of the County Court of Spencer County now sitting James Wickes, resident in the County of Spencer in the State of Kentucky aged 83 years who being first duly sworn according to law doth on his oath make the following Declaration in order to obtain the benefits of the act of Congress passed June 7 th 1832. That he entered the service of the United States under the following named Officers and Servants as such as hereinafter stated.
The said James Wickes states that he was drafted as a private soldier in the County of Stafford State of Virginia in the militia of said State and entered the service on or about the month of August in the year 1776. under one Captain Prymm in the Regiment under the Command of Col o James Garrard, recollects that Major Grigg was one of the Officers, the Services he was called upon to perform was to Guard the Potomac river & prevent if possible Depredations from being committed by the British Shipping upon the persons & property of the Colonists. That he continued in service until the month of August in the year 1777 when he was discharged, he states that during his service aforesaid he was not always in actual service but from the terms of his enlistment & the nature of the Service he was compelled to be, and was actually in readiness at a moments warning he was in no actual engagements but was marched to the house of one Mr. Brent in Stafford County which had been plundered & set on fire by the British, but they had fled before we reached the place. during the period of his service aforesaid he states he was never marched out of the County of Stafford but once then was marched to Fredericksburg Virginia on the Rappahannock and was not in service with any Regiment or Company of the Continental Army during his services aforesaid. The said James Wickes states that in the spring of 1787. but does not recollect the month he was drafted in the County of Stafford Virginia in the militia of said State for a three months tour of duty the furnishing one Brownsmith as his substitute who was marched over on James River & served out a full tour of three months and was discharged. He states that in November 1787.

he was drafted under Capt n Brymm aft d to guard a company of Prisoners taken after surrender of Genl Wallis from Fredericksburg to Winchester Virginia, that he did march & guard said Prisoners from said Fredericksburg to Winchester and was engaged in this service 8 or 10 days from whence he returned home & was discharged. He states he has no written discharge & they having been long since lost, and that he has no documentary evidence of his aft d services, and that he knows of no person or whose testimony he can procure who can testify to his services. He states in all the services aforesaid rendered by him he was a Sergeant. He states he was born in Westmoreland County Virginia in March 1724, has no record of his age only knows from tradition his age, his father moved from Westmoreland County to the County of King George Virginia when he was 4 or 5 years old & there lived until the Counties of King George and Stafford were divided when he fell into Stafford County & there lived until 1786. when he moved into Fauquier County Virginia, he lived in said County until 1816. when he moved from thence to Bullitt County Kentucky has lived in the Counties of Bullitt & Spencer ever since & now resides in Spencer County. He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension rolls of the agency of any State. Sworn to & subscribed this day & year aforesaid
James his Weekes mark
We William Stout a clergyman resident in the County of Spencer and Horatio Day residing in the same County hereby certify hereby certify that we are well acquainted with James Weekes who has subscribed & sworn to the above Declaration, that we believe him to be Eighty three 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 to & subscribed this day & year aforesaid W m Stout Horatio Day

And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories, presented 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 William Stone who has signed the preceding Certificate is a clergyman residing in the County of Spencer and that Geratio Ray who has signed the same is a resident in the same County of Spencer and is a credible person and that their statement is entitled to credit.
I Raphael Lancaster Clerk of the County Court of Spencer County in the State of Kentucky do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of James M c Rea for a Pension.
In Testimony Whereof, I have hereunto set my hand and affixed the Seal of my County Court Office at Lyndonville this 8 th day of October, 1832. In the 41 st year of the Commonwealth.
Raph d Lancaster Clerk
Spencer City Ky
State of Kentucky } S.S. Spencer County } Personally appeared before me the undersigned a Justice of the peace in the County of Spencer State of Kentucky James M c Rea, who being duly sworn deposes 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 Nine months and Ten Days. I served as a Sergeant. For three months, I furnished a substitute who served three months, as a private Soldier, and for such service I claim a pension. He states by way of amendment to his declaration that he does not exclude the name of any regular officer which was with him while in service, has no

reduction of wages having rec d a written discharge from any Officer of his services, thinks he did not. that he knows one William Stout a clergyman and Horatio Day his neighbours to whom he is well known who can testify to who have testified as to his character for veracity and who can testify and who have testified as to their belief of his services as a soldier of the Revolution. Subscribed & sworn to before me this 21 st day of January 1833.
James his Weekes marks
Thos s Newman a Justice of the Peace for Spencer County;
State of Kentucky Spencer County. ss
I Raphael Lancaster Clerk of the County Court for the County aforesaid do certify that Thomas Newman Esquire whose signature is affixed to the foregoing Certificate and before whom the foregoing Affidavit of James Weekes is subscribed and sworn to is a acting Justice of the Peace in and for the County aforesaid duly commissioned and qualified, and legally empowered to administer oaths. I do further certify that I am well acquainted with the hand writing of the said Thomas Newman, and know that his signature above subscribed is genuine.
In Testimony whereof I have hereunto set my hand and affixed the seal of my County Court Office at Taylorsville this 21 st day of January 1833. In the 51 st Year of the Common- wealth.
Raph d C Lancaster Clerk Spencer Co Ky

Rev. and 1812 War Section.
January 13, 1925.
Mrs. J. S. Remsen, 153 Locust Ave., New Rochelle, N. Y.
Madam;
I have to advise you that from the papers in the Revolutionary War pension claim, S. 31467, it appears that James Keeke was born in 1749 in Westmoreland County, Virginia.
While residing in Stafford County, Virginia, he enlisted in August 1776 and served nine months as a Sergeant in Captain Prymm's Company, Colonel James Garrard's Virginia Regiment.
In November 1781 he served ten days as a  ten days as a Sergeant in Captain Prymm's Company and guarded prisoners, taken at the surrender of Cornwallis, from Fredericksburg to Winchester, Virginia.
He was allowed pension on his application executed October 8, 1832, while a resident of Spencer County, Kentucky.
There is no data on file as to his family.
Respectfully,
Acting Commissioner.

31467 Rev  INVALID.
1925-Jan. 13-Hist to Mrs. J. S. Rensen Cert.
File No. 31,467
James Weeks Rev Rev
Act: June 7 th 1925
Index:—Vol. 9 , Page 445
[Arrangement of 1870.]

15-3 Locust ave New Rochelle, New York
Dec. 30 " 1924
Bureau of Pensions Washington
Dear Sir -
I have been informed that James Walker of Spencer County Kentucky a Revolutionary soldier received a pension in 1835 - he was a private. I wish to trace his ancestry & will be very glad of any information you can give me. If there

is a fee I will be glad to pay it.
Yours very truly (Mrs) J. H. Rensen

James Weeks
From (e)
R. Lancaster
Correct & supply defects & send papers
back
from 1776 private 6 months $20.
Please send me an answer as soon as convenient
Rhys Johnson
R. Lancaster Haver Co.
Hon: R. M. Johnson N. R.

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 Weeks 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? No 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? No VI. Has he given the names of the officers under whom he served, in conformity with the regulations? No 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

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
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?
Traditionally answered
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? yes Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? yes
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? 2 5. 6. 7 not answered
EXPLANATORY NOTES.
H * 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."

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 of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
The applicant continued in his county, holding himself in readiness to perform service when called upon and claim nine months, for said, It is not probable that he was in actual service for that length of time. If six months should be allowed, it is considered full as much as he is entitled to. The service performed by a substitute does not entitle him to any allowance.  Nov 2. '88

Great Xings Ky 14 th Oct r
Wm Johnson
Oct 14 1862
Col J. A. Edwards Pension Office City of Washington
Ky

Taylorsville October the 17th 1833.
Sir. I have taken the liberty of enclosing to you the Declaration of James Weeks for a pension, which was sent back to correct and which I have had corrected the Defects supplied according to the Directions of the War Department. Which Directions I also send inclosed. Will you be so kind as to send it on inclosed to the proper Department and get the pension allowed as soon as possible. Please Examine the papers and compare with the Directions see if there be any Defect. If in your estimation there be none please forward on the papers as soon as possible. Mr. Weeks is a very old man very infirm and his memory a good deal impaired, and in addition needs his pension very much. Please write me as soon as you receive this whether I may flatter the old Gentleman with the prospect of getting his pension.
Yours Respectfully,
Raphd Lancaster
9. mo d 10. days as a Sergeant
3 mo d furnished a substitute
12. mo d 10. days. Total Service
P. S. Please enquire of the Pension agent Mr. Edwards what has been done in the case of Jacob Heady sent from this County. I can't get any thing done there since you have left.
R. L.

R. Lancaster - Pension Case -
Gregory Case
get out Spilly Gray bry's papers, mom in Bill see what is done in front Headly case
Ben. R. M. Johnson R.R.

Taylorsville Nov. 22 d 1832
Rev. Sir. Your favor under date 12 th inst. came safe to hand, and I lost no time in seeing Mr. Stokes in order to get him to amend his Declaration in order to suit the views of the War Department, but he refused to make any further amendments alleging that he had served at least nine mo s and had sworn to it, and that if the War Department disbelieved him on oath, they must make such disposition of his Declaration as they thought proper. Consequently I send you inclosed the papers to do the best with you can. The construction given by the Department to this application is in my opinion a very novel one, and at direct variance with the rules by them prescribed, and upon reflection must be reversed. He says "The applicant then being in his County holding himself in readiness to perform Service when called upon and claimed nine months. It is not probable that he was in actual Service for that length of time of 9 mo s ." Now just upon a review of this Decl n the applicant says that he was drafted in August 1776 and continued in Service until August 1777 making 12. months. Then goes on to specify the nature of his Service that he was not always in actual Service but from the terms of his enlistment he held himself always in readiness of 9 mo s . In his amendments to his Declaration according to the direction of the War Department, he says that during this 12. months he served nine months Rev. says, actual Service as a Sergeant, and the Department against that Declaration of James Stokes upon oath, says that it is not probable he was in actual Service for that length of time of 9 mo s -
I tell myself that upon an examination of the Declaration you will be satisfied, that Mr. Stokes's pension should be allowed for the nine months and ten days, and I hope you will urge that matter upon the consideration of the Department. I hope also you will lose no time, in having it allowed and forward to me as soon as possible his pay certificate whether it be allowed for six , or for nine months. this I urge as the old gentleman has been long delayed in a final decision upon his claim.
Before I close this letter, permit me to call your attention to the claim of Spilsby Gregory a Sergeant in the Virginia Continental

Continental Line, who enlisted for and during the war & served until the close of the war. In December last you got his pension allowed under the act of June 7 th 1822. altho his papers were prepared to place him on the pension list under the act of May 1828. his pay consequently commenced from 1 st March 1831. whereas if he had have been placed upon the pension list of May 1828 his pay would have commenced on the 1 st of March 1826. he consequently loses five years pay by the arrangements, which makes the sum of $600. When you got his pension certificates, you reserved the question, whether he should not yet be placed upon the pension roll under the act of May 1828. I feel perfectly satisfied that in justice he ought to be, and I have no doubt if you once take the trouble to refer to his original papers, have his case again heard that you can have the allowance made or changed effectual and if so you will confer a singular favor upon an old revolutionary soldier as well as your friend & the Rev. Ralph Lancaster .
Please let me hear from you as soon as convenient