Revolutionary War Pension and Bounty Land Warrant Application File S. 7063, for James James, North Carolina

SERVICE
NUMBER
N.C.
James James
S. 7063
Carded.
CONTENTS

South Carolina 23.867
James Daniel — of Chittenden in the State of S c — Ca. who was a pr in the commanded by Captain of the Ry. commanded by Col. Crawford in the War line for 2 years.
Inscribed on the Roll of S c Carolina at the rate of 80 — Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 17 th day of Ap. 34 — and S c Alex. Graham Cheran — S c — Ca
Arrears to the 4th of Mar ch 34 240 — Semi-annual allowance ending 4 th Sep r — 40 280
{ Revolutionary Claim, } Act June 7, 1832. }
Recorded by A. Rice Clerk, Book E Vol. 6 Page 70

The State of South Carolina
On this the Twenty seventh day of September in the year of our Lord One Thousand Eight hundred and Thirty two personally appeared in open Court James Lanny before me Baylis J. Earle one of the Circuit Judges in the Court of Common Pleas in and for the District of Chesterfield and State aforesaid who being first duly sworn according to Law, maketh oath to the following declaration in order to obtain the benefit of the act of Congress passed on the 7 th day of June 1832. That he was born on the 10 th of October 1748. in Cumberland County in the State of North Carolina. That in the year 1776 this deponent lived in Richmond County in the State of North Carolina, where he lived until about 40 years ago, when he removed to Darlington District in the State of South Carolina & lived about 25 years & about fifteen years ago removed to this, Chesterfield District in the State last aforesaid where he has ever since & still day reside. That he has no records or memorandums in writing by which he can refer to particular dates and cannot from memory state any precise time at which he was called on or volunteered his services in the Revolutionary War, but that during the War, he, whilst he resided in Richmond County aforesaid, was drafted to march with the Militia to Wilmington in North Carolina, that he does not recollect for what length of time he was then drafted, but that he employed one William Scott as a substitute who went to Wilmington aforesaid & served the time required in his stead under Capt. John Hawthorn, Commanded by Col. Charles Medlock. This deponent further states that at another time he volunteered his services and served with the Militia of the said Richmond County against the Tories in small detachments on various excursions in the Counties of Richmond & Robeson in North Carolina under Capt. William Wall, but was in no particular engagement under Capt. Wall that he now recollects, except a small skirmish near Ashpole in Robeson County, in which a small squad of Tories were surprised by Capt. Wall's Company in an old house & one by the name of Isham Hazine, wounded and taken prisoner. This deponent further states that he, at another time volunteered his services and served on various excursions

against the Tories, under Capt John Spurd in Robeson & Richmond Counties, aforesaid that the only engagement in which he was, whilst under Capt Spurd was at Beattys Bridge on Brown's Creek, in which the Americans were defeated by the Tories, after a short Battle in which several men, Killed and wounded on both sides. That Col Thos Crawford, accompanied by Col Thos Wade Commanded the detachment of Americans, & Cols Fanning & McNeill the Tories -
This deponent further states that he at another time volunteered his services, & was out in small detachments under Capt Wm Easterling frequently against the Tories in the said County of Richmond, but does not recollect that he was in any particular engagement under Capt Easterling -
Said deponent further states, that he at one time contributed four pounds, & at another time six pounds, with several other citizens to the procurement of two different men to serve in the Continental service, the one for the term of Twelve Months, & the other for the term of Eighteen Months, but that he cannot now recollect or explain the cause, or the particular regulations, by which the said contributions were made, nor the names of the men who were employed as above, but he is satisfied that he paid the above sums of money to the employment of two men who served in consequence thereof in the Continental service, And believes that he, this deponent, & all those who so contributed with him were thereby exempted from serving in the Continental service during the time of their substitutes, as aforesaid, but he states that during the said time of service of those whom they had employed as above, this deponent, notwithstanding served, as a volunteer on various occasions, & at sundry times, against the Tories in protecting the citizens of Robeson & Richmond Counties as aforesaid. This deponent further states that he is unable to fix with exactness the whole period or length of time which he served in the whole war, having served very frequently without keeping any account of time, but states that he served invariably when he deemed his services necessary from the time of the first acts of hostility between the Whigs & Tories in his section of Country to the close of the war, and he does verily believe that inclusive of the service of substitutes, by his procurement he served more than two years. This deponent further states that he does not know

That any of his companions in arms are now alive except his brother Philip James now resides on Dog River in the Territory of Florida, and the above mentioned Capt William Easterling who lives in the District of Marlborough & State of South Carolina.
The said deponent 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 agency of any state whatever.
Sworn to and subscribed the day & year above stated
B J Earle, presiding Judge of the Court of common pleas & sessions James James at Chesterfield C.H. in the state & dist. aforesaid in open Court.
And the said Court do hereby declare their opinion after the Interrogation of the matter & after putting the Interrogations 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 Vincent Dalk and William Easterling
who have signed the two succeeding certificates are resident in the District of Marlboro Chesterfield & State of South Carolina that they are respectable persons and are worthy of full & implicit confidence & credit.
B J Earle Presiding Judge in open court
South Carolina } Vincent Dalk of the District of Charleston Charleston District } of the District of Charleston Charleston & State aforesaid states that they have been acquainted with James James for about thirty five years that he was always reported & uniformly believed to have been a soldier of the revolution which he has never doubted, that Mr. James's character has always been fair & he has not known his veracity doubted.
Sworn to in open court - this 29 day of Sept 1832
Vincent Dalk
B J Earle Presiding Judge in open court

The State of South Carolina e Marlborough District
appeared personally before me Captain William Eastling who says on oath that he knows James James, whose name is subscribed to the above petition, that he the deponent was commissioned Captain of the light light Infantry, Crawford in the County of Richmond in the state of North Carolina near the close of the war of the Revolution, and that James James served under him as a private for three months, that he was well acquainted with Captain John Hampton, Col. Charles, Ellulock, Captain William Wall, Captain Speer Col Crawford and Col. Smith spoken of in the statement of said James, that they were in the service as represented by the said James, that said James was reputed to have served as he now represents, nor has he ever heard his service doubted; that he believes him to be of the age he represents - that he has sustained as far as he has heard and believes a good character, nor has he ever known his veracity doubted -
Wm Eastling
B. J. Earle
presiding Judge in Special
I, John Craig Clerk of the court of Common Pleas do certify that the foregoing contains the original pro- ceedings of the said Court in the matter of the afore- mentioned James James for a pension. That B. J. Earle is a Judge of the Court of Common Pleas of the State of South Carolina, now presiding at Chesterfield Court House, and that the signature annexed are his genu- ine signatures.
In testimony whereof I have hereunto set my hand and seal of office this the twenty ninth day of September in the year of our Lord one thousand eight hundred and thirty two and in the fifty seventh year of the independence of the United States of America
John Craig (Clerk)
James James petitioner

20. 846.
James James
Chesterfield Dist ct
S. Carolina
Admit as a private
2 years $80
E:
Also? Graham
Graham S.C.

WAR DEPARTMENT,
Pension Office,
May 21. 1833
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 subjjoined 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. Those 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, shewing the Service of James James
   Period when the service was rendered. Duration of the claimant's service Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Period of service not stated Capt Mathew Capt Wall Capt Shreele Capt Cocherty Capt Medlock Capt Bradford Col Wade Battles Briar in Leavening Creek Richmond 6 th or Robeson 6 th Richmond against the Tories 35 years Richmond 6 th North Carolina By a living Witness (case his Captain)  
The Department says "can we be assuredly believe that inclusive of the service of substitutes by his the claimant he served more than two years"
I am, respectfully, Your obedient servant,
J. 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 (f) 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
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 of the Court of 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) 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 day 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 (l) 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 enquiry 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 _____. 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 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.

Rev. & 1812 Wars Section.
M. J. G. Cur
June 8, 1925.
Miss. Josephine Newton Poplarville, Mississippi.
Madam:
I have to advise you, that from the papers in the Revolutionary War pension claim, S-7063 it appears that James James was born April 10, 1748 in Cumberland County, North Carolina.
While residing in Richmond County, North Carolina, he served from 1777 at various times amounting to two years in all, as a private under Captains William Wall, John Speed and William Easterling and Colonels Wade and Crawford in the North Carolina Troops. He was in the battle of Beatty's Bridge.
He was allowed Pension of his application executed September 27, 1832 while residing in Cherserfield District, South Carolina.
There is no data on file as to his family.
Respectfully,
Commissioner.

Rev War
7063
INVALID.
1925. piece 8-sh't to Miss Jane- phine Newton. m.d.
File No. 7063
James James Pr's Rev War
Act: June 1 th 32
Index:—Vol. 165 , Page 190
[Arrangement of 1870.]

The State of South Carolina Chesterfield District
Appeared personally before
me James James who to me known to be the person described in and who is the person who was in 1777 when the battle of Brandywine was fought he was under Capt Hawthorn as stated in the declaration Col M'Doch commanded He was with him for 3 months He was under Capt Speed and Col. Wade and Crawford for two terms of three months each In 1779 he was under Captain Ward the whole year but renewed his engagement at the end of every three months in 1780 he was under Capt M c Entire 3 months The service was principally in the Counties of Chester and York in North Carolina He was out several other small skirmishes He was never engaged at one place for a term longer than 3 months
Sworn to before me Oct 5 th 1833
James James
D. M. Cashill J. U.

The State of South Carolina Chesterfield District
Personally appeared before
me the undersigned a justice of the peace and Quorum in and for the District aforesaid, James Jarrett who being duly sworn according to law, deposes and saith, that by reason of old age and loss of memory, he cannot swear positively as to the precise length of his service, during the Revolutionary war, but according to the best of his recollection he served not less than the periods mentioned below and in the following gradations for six months, sometime after the beginning of the war, under Captain William Wall (stated in the declaration) as a private - and was discharged, which is lost - That he afterwards served as a private under Captain Speed, mentioned in the declaration, twelve months regularly, and saw no little town business, That he afterwards served as a private under Captain William Easterling three months - The periods of service the same as there stated in the declaration - The six months under Captain Wall, twelve under Captain Speed, three under Captain Easterling, and the substitute periods under Captain Hawthorn and Col. Madlock, make up the two years - But over and above this, he served a number of short terms for his own safety, because he could not stay at home - And that during the whole period of his service he was not engaged in any civil pursuit.
Sworn to before me the words "during the Revolutionary war" interlined July 6 th 1853
James Jarrett
D. W. Cashill D. U.

The State of South Carolina Chesterfield District
J. John Craig
Clerk of the Court of Common Pleas for the District aforesaid do certify unto all whom it may concern that Daniel McLaughlin whose name is subscribed to this paper, was at the time of subscribing the same as is now an acting Justice of the Supreme for said District. And that in such all faith and Credit should be given to his alterations and Certificates.
In testimony whereof I have hereunto Subscribed my name and affixed the seal of the Court at Chesterfield Court House the 14 day of July anno Domini eighteen hundred and thirty three - -
J. John Craig Clerk

Poplarville, Mississippi
April 9th. 1925
Department of Interior Bureau of Pensions, Rev. War Section, Washington, D.C.
Dear Sirs:-
Can you give me the following information, concerning one James James, who fought in the Revolutionary War. He fought in the battle of Rockfish Creek with Col. Kenan. ← N C
I thought that probably he applied for a pension and that you had it on record. If you have I will be glad to get it.
Very truly yours,
Miss Josephine Newton
Poplarville, Mississippi

Stearns Sola Nov 25 th 1835
My dear Sir
I again return you the petition of James Sams. Unless the old man will succeed in getting something soon, it appears to me the defendant will not be troubled with him; for his paled appearance and hunched looks, but too plainly indicate the approach of death. His stern request to let him have a few of the necessaries of life, on the faith of the petition he expects to receive from the defendant, is but a painful exhibition of the depths of degradation to which a proud Chivalric spirit may be driven, by the pressure of want. Would to God that the few of that faithful band who remain, might have their sum to set in peace. that if they are to die with penury they may not be tantalized by the sight of food, which in consequence of a decayed recollection, they may not taste — Let me hear from you
I am &c
Wm. Graham