Revolutionary War Pension and Bounty Land Warrant Application File S. 13817, for James Lynn, North Carolina

SERVICE
NUMBER
N.C.
Lynn, James
S. 13817
Carded.
CONTENTS

Wm Lynn b. Dec 1854
Alabama 19.902
James Lynn
of Mayaul in the State of Alabama who was a Private in the Co. commanded by Captain Simmons of the Regt. commanded by Col. Davis. in the N. Caro line for 22 and 29 days.
74 33 1/100
Inscribed on the Roll of Alabama at the rate of 74 Dollars 33 Cents per annum. to commence on the 4th day of March, 1831.
Certificate of Pension issued the 24 th day of Sept. 1833 and sent to M. M. Mackenzie. Samerville. Ala.
Arrears to the 4th of Sep - 1833. - 185.83. Semi-ant. allowance ending 4 th Mar '34. 37.17
$ 223.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Wm R. Palmer Clk
Book S Vol. 8 Page 17

State of Alabama ss and  affidavit  before me Special Morgan County ss  November  the  18th  day of  November the twentieth 1832
on the day and year aforesaid personally appeared in open court before the judge thereof now sitting James Lynn a resident of said county of Morgan and State of Alabama of sixty eight  years years of age 4  years being first duly sworn according to law dath on his oath make the following declaration in order to attain the benefit of the Act of Congress passed June 7. 1832 That he entered the service of the United States under the following named officers and served as herein stated to wit - he entered the service as a volunteer on 15th of November 1779 under Captain Summers. Colonel Malmedie a Frenchman and General Butler on a term of three months but was discharged on the 6th February following to take my family home was sick with the Yellow fever and had to bring him home in a wagon, on the first of March 1780 I volunteered under Captain Simmerson and Major Hennis and marched to Charleston and was there taken Prisoner and paroled in June and again entered the service about the first of August

Following I was in the battle of the hanging Rock under the command of Captain Foster Colonel Doy and General Supton - I was under the command of Captain Miller and General Supton at Supton's Defeat which battle I was in - In October 1780 I was again under the command of Captain Foster Colonel Doy and General Morgan and was in the Battle at the time that Rugeby was defeated - I was also under the command of Captain Foster in an engage- ment in which we defeated a Tory Colonel named Zines and in an engagement under Captain Foster and Lieutenant Walker Ensign Stewart and defeated a Captain Cook In April 1781 I was commanded by Captain Foster Colonel Doy and General Green and was in the Battle at Camden and in August of the same year I was in the Battle at the Eutaw Springs I was after this time ordered about the first of November to guard a publick store where I served until the Army following June 1782 I was discharged  discharged from service at this time  there was a citizen of the Kingdom presently state of North Carolina when I entered the service and the chief of the Army

I done was through the county where the engagements was fought which I have described and he also states that he has no documentary evidence of his service
I hereby relinquish every claim whatever to a pension or annuity except the present and declare that my name is not on the Pension Roll of the Agency of any State
Question 1st Propounded by the Agent and answered by the applicant Question 1st where and in what year were you born She was born 1st October in 1764 in Mecklenburg County North Carolina
2d question Have you any record of your age
I have none my father had a record in a family Bible
3d question where were you living when you were called into service where have since then the revolution war and when did you move here
I lived in Mecklenburg County when I entered the service and continued there until I was twenty two  three and then I moved to South Carolina Pendleton district and lived in said County three years and moved to Greenville and lived about five years and moved to Buncombe County North Carolina and lived there about six years and from there to Henderson County Kentucky and lived there about eight years and since that time I moved

To Perry County Tennessee and lived there about one year and a half and from there to Madison County Alabama and lived there about two years and moved from there to Morgan County in said state and lived there ever since to the present date -
Answer to the fifth interrogatory is answered in my declaration I have answered the fifth question in my declaration
6th question Did you ever receive a discharge from the service and if so by whom was it given and what has become of it
Answer - I never received but one discharge and that was given by Captain Summers and signed by him and General Butler at the time I was discharged from the three months term in my declaration I understand said discharge has been lost
7th I state the names of some persons to whom you are known in your present neighborhood and who can testify to your character for veracity and good behavior your services as a soldier of the Confederation
Answer - I can prove by David Hanner some of my services and as to character etc known to and said Hanner in near the vicinity of McMinnville Tenn
James Lynn

State
Personally appeared in open court David Morrison a testimony of the  the county of the state of Alabama and made oath that he never saw James Deyne at the time he was out in the three months term he has mentioned in his declaration and I know him when he was in the service at the time he was taken at Charleston as mentioned in his declaration and believe he served as he states in his declaration I will state further I knew him in the service at Brandywine Defeat and several other places (David Morrison Sworn to and subscribed in open court this day and year above mentioned M c M c Kenzie Clerk
We James H. Gillespie a layman residing in county of Morgan aforesaid and M c M c Kenzie residing in the same hereby certify that we are well acquainted with James Deyne who has been summoned and sworn to the foregoing declaration that we believe him to be sixty eight years of age that he is respected and beloved in the neighborhood where he resides to have been a soldier of the Revolution and that we can say in that opinion J. H. Gillespie Sworn to and subscribed the day & year aforesaid M c M c Kenzie Clerk 191, C, Houston.

and I Charles McPeters Judge of said Court do hereby declare my opinion after the investigation of the matter and after putting the interrogatories pro- 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 James H. Gillespie who has signed the preceding certificate is a belenyman resident in the County of Morgan Alabama and that Matthew C. Pleasants who has also signed the same is a resident in the said County of Morgan and is a credit- able person and their statement is entitled to credit
Charles McPeters Judge
In the State of Alabama, I H. H. MacKenzie Clerk of the County Morgan County Court of Morgan County and State aforesaid do hereby certify that the foregoing contains the original proceeding of the said Court in the matter of the ap- plication of James Lynn for a pension
In testimony whereof I hereunto set my hand and affix the seal of office at office this 22 nd day of November in the year of our Lord one thousand Eight-hundred and thirty two and of American Independence the Fifty seventh year
H. H. MacKenzie Clk. C. C.

19.902
19642
James Lynn -
Return 5. 14. 16
one year
Adm 10. Months 8
9. days. —
  763 3 1/2  148.66  23.23     137.17  5.68     155.8   
M. M. Mackenzie Clerk Somerville Morgan County Ala

BRIEF in the case of James Lynn  County of Morgan in the State of Alabama  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? In open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? Sixty eight years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Volunteered Nov - In 1779 2 21. As a Gen. Butler   March 1780 3 1 Capt. Summers   Aug 1780 3 May Harris   April 1781 Capt. Simmerson   Col. Gary Genl. Sumpter   Capt. Miller  
 5. In what battles was he engaged? Hanging Rock & Sumpter's defeat Camden & several other engagements - Eutaw Springs  6. Where did he reside when he entered the service? Mecklenburg Co. North Carolina  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Living witnesses & traditional evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? Improperly attached 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
John L. Watson Examining Clerk.
Feb - 24     2.  21.    1  3.  3     4.  15     10.  9.     39   

William Lynn.
Pleasanton, Miss.
Sept 10. 1854
States that he is a son of James Lynn a Soldier of the Revolution re and asks how he can obtain Pension re, which was due his Father. ~
Cole
Dept Interior Oct 2 nd 1854.
Respectfully referred to the Commissioner of Pensions. ~
W. H. L. Loring Chief Clerk.

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 Lynn 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? No — The different hours as to length are not distinctly specified — 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? Living witness  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?  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? No No  XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes 
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 shewn 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.

Pension Office. 4 th Oct. 1854.
Alabama Roll. Act 7 th June 1832. $74.33 per annum.
James Lynn. To what time paid? When did he die? W. Cole, for Commissioner.
R. J. Atkinson Esq. Third Auditor.

James Lynn paid to 4 Sept. 1848.
Robt J. Munroe
Auditor

Rev. 1872
13814 INVALID.
File No. 13. 814
James Lynn Pris. R.W. war
Act: June 7 th 1832.
Index:—Vol. 1 , Page 239
[Arrangement of 1870.]

The Amended Declaration of James Leyun in order to obtain the benefit of the Act of Congress passed June 7 th 1832. State of Alabama, ss. On this 13 th day of May, 1835 personally appeared James Leyun, 3 rd in open court before the probate court of said said county of Morgan state of Alabama now sitting James Leyun as resident of said county of Morgan state of Alabama who being first duly sworn according to law, doth on his oath make the following amendment to his original declaration which was filed in the probate court of said county of Morgan on the twenty th day of November 1832 he states that in the first item of duty which he describes in his original declaration that he entered the service as a volunteer on 15 th of November 1779 and was discharged on the 6 th of February 1780 being nine days less than three months under Captain Summers - the 2 second item of duty mentioned in his original declaration he entered on the first day of March 1780 as a volunteer under Captain Summers and Major Dennis and was paroled the 4 th of June 1780. I and again entered the service of the United States under the command of Captain Foster Colonel Dany and General Sumpter on the 10 th of August 1780 and served as stated in my declaration until the first of January 1782 at which time I received a discharge from the army of the Publick States which I was then guarding which officer was named John Goldsmith. His discharge has been lost long since but that he received no other written discharge from service at any time but was discharged in the way mentioned in his original declaration and the applicant states that the above service was one year ten months and twenty days which he served and for which he claims a pension. He states that he cannot prove the service which he performed by any living witness except said David Mannan who was before him and whose affidavit is attached to his original declaration and from the age and the great distance which said Mannan resides from this applicant he cannot prove his evidence again with out great expense - and great trouble

This affidavit believes he has answered all the objections of the new department to his original declaration sworn to and subscribed
other day and year aforesaid
James Lynn
James M c Kenzie clerk C. C. I, Charles M c Peters Judge of the Orphans Court of Morgan County, State of, Alabama do certify that the affidavit of David Mannan annexed to the original declaration of James Lynn and annexed to the amended declaration was made before me when pre- siding in said Orphans Court at Morgan County aforesaid, and that David Mannan who signed said affidavit is a credible person known under my hand and seal this 13 th day of May 1833
Charles M c Peters Judge
State of Alabama I, James M c Kenzie clerk of the Orphans Court of Morgan County of Morgan County and State aforesaid do hereby certify that Charles M c Peters before whom the oath of David Mannan was taken is Judge of the Orphans Court of Morgan County and that it is his signature which is signed to the foregoing cer- tificate of Charles M c Peters and that the foregoing contains the original proceedings and also the amended declaration filed in said matter of the application of James Lynn for a pension
In testimony whereof I herunto set my hand and seal of official office this 14 th day of May in the year of our Lord one thousand eight hundred and thirty three and of American independence the fifty seventh year
James M c Kenzie clerk of the Orphans Court of Morgan County

Respectfully referred to the Dep. Interior War Dept Sept 29/56
to the Secretary Recd 3 of war department at the City of Washington PO
Pleasanton Miss Sept 10
Refer to Pension Office
To be answered when report of 3 d Auditor is recd
4 Oct 1856

State of Mississippi to the war department of the Wamba County to your honorable body whereby by credible information I under- stand that there has been a letter sent to the town of Jonesville in the state of Alabama to James Lynn who was a soldier in the revo- lutionary war who proved his services in thirty three commencing on the fourth of March 1838 and this letter was directed to James Lynn or his administrator which there is none and this letter has been taken out of the office and sent to the state of Mississippi to James Holmes son in law of James Lynn who from the best information that I can get has tried to fix up papers to draw the money without my knowing any thing about the matter which James Lynn and the only son of James Lynn and I humbly ask your honorable body to give me information if there is any thing a coming how may proceed my father moved with me from Alabama to this state and re- mained with me until his death in the state of Mississippi in Wamba County I also have in my possession his old origi- nal certificate which he left when he died which is signed by Lewis Cass Secre- tary and J L Edwards Commissioner

of pensions Wright to my soon as pay able and you will snitch oblige your humble servant direct your letter to pleasing ton Po Miss St Ita mamba to  com and to William Lynn of the same county and State yours with respect this the tenth of September 1854
William Lynn to the war department at the City of Washington