Revolutionary War Pension and Bounty Land Warrant Application File S. 8,765, for William Jones, North Carolina

SERVICE
Nb.
Jones, William
NUMBER
S 8765
CONTENTS
carded.
Born in Brunswick Co. Va. 1758
Enl. Franklin Co. N.C. there in 1832.

North Carolina 16044
William Jones
of Franklin in the State of North Car. who was a pri. in the company commanded by Captain Seawell of the Reg't commanded by Col. Tozier in the North Car. line for 15 mos. 17 days
(Marsal)
Inscribed on the Roll of North Carolina the rate of 5 Dollars 88 Cents per annum. to commence on the 4th day of March, 1831.
Certificate of Pension issued the 25 day of June '33 Hon M. T. Hawkins and sent S. F. Patterson Swindley A.C.
Arrears to the 4th of March '33 - 103.76 Semest. allowance ending 4 Sept. - 25.94 1 37.44 129.70 245.08
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Wm. Miller Clerk Book E Vol. 6 Page 45
Let. to Hon. M. T. Hawkins March 11 1834
New Cr. found 4 ap. 34 for $70.85 - sent Hon M. T. Hawkins N.R. Smith H. Powell May 30, 1857-

State of North Carolina
Franklin County.
On this 12 th day of September A.D. Eighteen hundred and thirty two personally appeared in open court before the said Franklin county court now sitting William Jones (Lynch, Creek) a resident of the county of Franklin and State of North Carolina aged 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 Congress passed Jan y 7 th 1832.
On the month of March or April 1776 the day and date not precisely recalled Claimant volunteered as a soldier under Captain Benjamin Seawell to go against the Tories, and was marched to Duplin county, North Carolina and there news arrived that the Tories were defeated at Moore's Creek Bridge under General Caswell, Captain Seawell marched back his company and discharged his men. The service performed by Claimant in this tour was only about twenty days and no written discharge was given. He next volunteered on the first of May 1776 under Captain Benjamin Seawell, Lieutenant William Hill & Ensign John Jones and marched to Wilmington in North Carolina and was stationed there three months. Genl. Ashe commanded at Wilmington and Col. Doyler, and Major Hagan commanded the Regiment to which Claimant was attached and the service performed at Wilmington was military duty at a station and on the 10 th of August he was marched back and took up the line of march back to Franklin and was discharged. There was no written discharge but he served in this expedition three months and one half. And Claimant proved this service by William Person & William Leonard who were with him in the performance of it.
Claimant again volunteered as a soldier on the 12 th of Jan y 1780 under Captain

Harrison Mason Lieutenant Richard Rowson and Eusebius Rowson Davis, and in this company, Elai- mont was Sergeant. He was marched under the com- mand of Col. Benjamin Seawell from the county of Franklin to the Landing near Fayetteville and Col. Seawell returned home, and Col. Benjamin Seawell of Wayne County took command of the Regiment with Major Asaph Nichol, of Warren County and Major Griffin of Martin County. He then was marched through Randolph County and the other counties lying in the way in N.C. to the Cheraw Hills in South Carolina and not far from that place we were joined to the command of General Gates, then we were marched towards Camden in South Caro- lina, and not far from that place perhaps within eight miles General Gates' army and the army of Lord Cornwallis met and had the Battle which ended in Gates' defeat on the 16 th of August 1780, at that Battle Elaimont was taken Prisoner and marched as a Prisoner to Camden some days where he remained a Prisoner till the 16 th day of Octo- ber following. From there he was marched on the 16 th of October as a Prisoner to Charleston in South Caro- lina where he remained about 10 days & then was carried to Edisto Island to the south of Charleston where he remained until some in March 1781 from there he was brought to the Barracks at Haddrell's point & then he remained until the 24 th of May when he left Charleston on Parole & he remained on Parole until the month of August making this last tour as well as Elaimont recollects the time about fourteen months and as to the proof of this service Elai- mont relies on his own oath that he has no docu- mentary evidence & that he knows of no person whose testimony he can procure, who can testify to his service except Solomon Stone who was with Elaimont from the 12 th of June until the day of Gates' defeat when they were separated and Elaimont taken Prisoner and said Stone well knows that Elaimont was absent about twelve months reputed to be a Prisoner, and that Elaimont returned among

the Prisoner. He hereby relinquishes every claim whatsoever to a Pension or Annuity except the present and declares that his name is not on the Pension Roll of the agency of any State. Sworn & and subscribed this day and year aforesaid 12 th September 1832 Will Jones
S. Patterson
we William Pierson and William Leonard make oath that the statement of William Jones (Lynchburg) is true as set forth in his foregoing declaration so far as respects his tour to Wilmington in the year 1776 sworn to and subscribed in open court the 12 th day of September 1832
S. Patterson
Wm Pierson
William Leonard m.k.
Johnathan Stone makes oath that the statement of William Jones (Lynchburg) is true as set forth in his foregoing declaration so far as as respects his service from the 12 th of June 1780 up to the Battle of Gates, Defeat and afterwards to the last of appointments until the time of his return as a Prisoner in August 1781. Sworn to and subscribed in open court this 12 th day of September 1832 Jonathan Stone
S. Patterson Clerk
we Thomas Crocker a Clergyman residing in the county of Franklin North Carolina & William Johnson residing in same county hereby certify that we are well acquainted with William Jones (Lynchburg) who has sworn to and subscribed the above declaration & that we believe him to be about seventy four years of age, that he is respected & believed in the neighborhood where he resides to have been a soldier of the Revolution & that we concur in the opinion. Sworn to and subscribed in open court this 12 th day of September 1832
S. Patterson
Thos Crocker Wm Johnson

State of Carolina
Franklin county
The court for said county now sitting do hereby declare their opinion after investigation of the matter and after putting the interrogatories prescribed by the war department that the above named applicant William Jones (Lynchburg, Va.) was a Revolutionary soldier and served as he states. And the court further certifies that it appears to them that Thomas Grackley who has signed the preceding certificate as a clergyman resides in said county of Franklin and that William Johnson who has also signed the same is a resident in some county and is a creditable person and that their statement is entitled to credit.
Geo. D. Hawkins Chairman of the court M c Taylor J.P. Jones Cook J.P.
I, Smith Patterson clerk of the Court of pleas and quarter sessions for the County of Franklin aforesaid do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of William Jones for a pension.
In testimony whereof I have hereunto set my hand & affixed the seal of office the 12 th day of Sep. 1832
S Patterson Clerk

State of North-Carolina Franklin County
Personally appeared before me the undersigned a Justice of the peace for the County aforesaid, William Jones who being duly sworn, deposeth and saith, that in order to meet the objections which have been made to his declaration for obtaining a pension he declares that he was born in Brunswick County, Virginia on the 17 th of May 1758, according to a record of his age now in his possession. Owing to old age and the consequent loss of memory he cannot swear positively as to the precise length of his service but according his memory to the best of his recollection he served not less than twenty days in the first tour mentioned in his declaration, not less than three months and a half in the second, in both which he served as a private militia man and in the last tour he served as first sergeant, and for the term (including his captivity as a prisoner of war) of fourteen months. — In his first tour his company commanded by Captain Sewell was attached to a militia regiment, the name of which is not recollected, under the command of Col o Nicholas Long, the names of the other officers not recollected. In his second tour, he states that he believes his company was attached to the second of militia regiment, and in addition to the officers mentioned in his declaration, he states that of Col o Brown of the 1 st Regiment. In his last tour he thinks he was attached to the 2 nd Regiment of the militia. After his regiment became attached to the army of Genl. Gates

This applicant learnt the names of several continental field officers in addition to that of the commander in Chief, to wit, Genl. De Kalb, General Francis Marion, Genl. Smallwood, Col. Porterfield, Genl. Stephens, and the commander of a troop of horse, Col. Major Armasay. After his captivity he learnt the names of Col. Vaughan and Major Patton who were taken prisoners. With regard to the objection that this magistrate has not certified to the credibility of the applicants witnesses, he states that they were sworn in open court by the Clerk, and not before any magistrate out of court. Sworn to and subscribed by me this 22 d of April 1833.
William P.
Test my hand and seal for Franklin county N.C.
State of North Carolina Franklin County. } §
I Smith Patterson Clerk of the Court of Pleas and Quarter Sessions for the County of Franklin aforesaid do hereby certify that William P. Williams Esq. before whom the foregoing affidavit was made is an acting Justice of the peace in and for the aforesaid County of Franklin, and that the foregoing paper has to be his as his act.
Given under my hand this 22 d day of April 1833.
S Patterson Clerk

Hon Geo. C. Whiting Commissioner of Pensions
B. S. C. 256.948.
Pension Office W. City D.C.

Hon. Geo. C. Whiteing,
16.044
Commissioner of Pensions at Washington City D.C.
Dear Sir
I want if you please to direct your attention to the Pension of the widow Mrs. Jones which was paid over, I think about the year 1845. Or 6. to some Agt. I am wanting to know the Amount paid & to whom the agent.
P.S. I want your Opinion of the Law as follows. Widow Jones' Illegitimate Children Administered on her Estate. & made use of the above mentioned money. & the S d Mrs. Jones Heir has never as yet Rec d any of it. the said Widow died without being married & did not make any Will. Now I want to know whether the Heirs of Jones can recover the money with interest or any part the it may have been 11 or 12 years. please let me know all about the case. & you will Much oblige Yours a Stranger in haste & oblige yours truly
Smith H. Powell
Senior P.O.
Caldwell County
N.C.
This 13 th May 1857.
P.S. I rec d . information 12 th Sept. 1856 that the Declaration of Malinda, Widow. Elias R. Powell. had reached the Pension Office & was No. 256.948. for Bounty Land. I have not been heard from since of which I am wanting to hear what has become of it
Respectfully yours
S.H.P.
13 th May 1857.
P.S. as to the above widow Clarin I rec d your account of it. of which I will attempt to satisfy you hereafter 15 th May 1857. S.H.P.

Rev War
8765
✓ INVALID.
File No. 8765
William Jones
Rev War
Act: June 7 th 1834
Index: Vol. 10 , Page 196
[Arrangement of 1870.]

William Jones M.C. or 1832-1849
My will in full A.C. Jan'y 13
FREE
Geo. C. Whiting Commissioner of Pensions Washington City D.C.

Payments to be made at Fayetteville by the Presd: U.S. Br: Bank Agent for paying Pension- ers, in the Agency of North Carolina
New Certificate issued for 70.88- 4 April 1834
Recorded in the Pension Of- fice, in Book E. Vol. 6. Page 45 by Wm Miller Clerk.

WAR DEPARTMENT.
Revolutionary Claim.
I certify that, in conformity with the law of the United States of the 7th June, 1832, William Jones of the State of North Carolina who was a private in the war of the revolution
is entitled to receive — Fifty one — dollars and Eighty Eight cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March, and 4th of September, in every year.
GIVEN at the War Office of the United States, this 25 th day of June one thousand eight hundred and thirty- three
Acting John B. B. Secretary of War.
Examined and Countersigned. }
J. L. Edwards
Commissioner of Pensions.

Waynesville N.C.
1831
July 18 th 1834 From W.D. Taylor
Wm Jones
Genl. Micajah T. Hawkins Washington City, D.C.
Hon. M.T. Hawkins.
13044

Dear Sir
Franklin 15 th Feb y . 1834
I want you if you please to try if can have a reexamination of my claim as pensioner, my Declaration is in the War office, I think they have a made mistake respecting my pay, my term of service was eighteen months & few days & there stated that I was first sergeant in the company, in the certificate sent me, they say I served as private & was entitled $51.88 a year. The Law says all that served 2 years was to have full pay, & they that served a less term was to receive in proportion to the 2 years pay. So that if I had been a private, I ought to receive $60 as 18 months is three fourths of 2 years, one stone my Neighbour whose term of service was 9 months as Orderly sergeant the same grade I served in receives $42.50 a year. I think I ought to receive $85 a year for 18 months which is double the time stone served. I did not mention in my Declaration as Orderly sergeant, I thought the first sergeant was the same as Orderly. I hope you will urge them to reexamine the business, I want what the law allows me & no more. — Your Attention to the request will confer a favour on Hble Servant
As you please to write me a line or two what they say to the business
William Jones

20. 3. 15 # 12 3/4  15. 17
Adams as parole 15 mo + 17 days $57.88
The claimant alleges in his amended declaration that he was a Serf - He has not been allowed. neither has he been allowed for services during his imprisonment on his parole
S Patterson Lousbury - V.O
12 Jan 80 12 " 81 10 mo 12 June 80 12 May 81 11. 12

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of William Jones 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 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? 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?
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? 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? 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? 1. 2. 3.
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."

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 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.
† 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.

State of North Carolina Franklin County } }
We William Forster & Archibald H. Davis two of the Justices of the peace in & for the County of Franklin, aforesaid. do hereby Certify, that William Person, William Leonard and Jonathan Stone, who have made affidavits before the Court, in support of the Revolutionary claim of William Jones, to which they are affixed are credible Witnesses, and that their testimony is entitled to full faith & credit. Given under our hands, at Smithburg the 22 d day of May 1833.
Wm Forster JP A H Davis JP
State of North Carolina Franklin County } }
I Smith Patterson Clerk of the Court of Pleas & Quarter Sessions for the County of Franklin aforesaid do hereby Certify that William Forster & Archibald H Davis Esqrs whose affixed signatures appear to the foregoing Certificate are acting Justices of the peace in the aforesaid County of Franklin; and that the signatures purporting to be theirs are genuine
In testimony whereof I have hereunto set my hand & affixed the Seal of my Office at Smithburg the 22 d day of May 1833.
S. Patterson Clerk

Louisburg Ky Mar 29 th 1834
Free
Hon M. T. Hawkins
House of Representatives
Admiral proach
4 mo 5 days 3
" 12 " 3/70.85
Washington City