Revolutionary War Pension and Bounty Land Warrant Application File S. 1842, for Thomas Justice, North Carolina

SERVICE
NUMBER
N.6
Justice, Thomas
S 1842
CONTENTS
boarded.

7220 West Tennessee
Thomas Justice of Bedford Co in the State of W. T. who was a private in the company commanded by Captain Nevil of the Regt commanded by Col Carl in the N. Carolina line for 2 years
Inscribed on the Roll of W Tennessee at the rate of 80 Dollars 00 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 18 th day of March 1833 and sent to John Bruce Shelbyville Tenn
Arrears to the 4th of March 1833 160.00 Semi-ann. allowance ending 4 Sept 40.00 $200.00
{ Revolutionary Claim, { Act June 7, 1832.
Recorded by D. Smith (Bryant) Clerk Book E Vol. 7 Page 83

18812
Tho: Justice
Jan:
from Jan 1780 pri- vate 2 years $80
John Bruce Esq Shelbyville Ky.

BRIEF in the case of Thomas Austin of Bedford Co. in the State of Tennessee (west) (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 67. 10 mo.  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.     Col In 1781. 21 Jan 2 As a  Gen. Miller  Col. Earl  Capt. Merrill } esp. Co. Ma.   
 5. In what battles was he engaged? None.  6. Where did he reside when he entered the service? N.C. Rutherford Co.  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Tradit.  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct. 
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
J. L. P. [Signature] Examining Clerks

Thomas Justice 1881/2

Declaration in order to obtain the benefit of the acts of Congress passed 7 9 June 1832
Phillip Janeff of the county of ... State of ... in the open court of the ... the State of ... before ... B. ... the peace ... court now sitting ... sixty seven ... according to law ... make the following declaration in order to obtain the benefit of the act of Congress passed 7 9 June 1832. That he ... the United States ... as a ... first day of January 1781. he entered the service of the United States and went into Captain William ... his company as a volunteer ...

as a mounted horseman in the Nor- th Carolina line. That Gen. Earl was his Colonel and he believes his General was James Miller. That he joined Capt. Vowell at the White-oak Fort in the Western part of North Carolina and that he believes he served under Capt. Vowell the latter three years against the Indians and Tories, during which time he marched through different parts of Rutherford County in North Carolina, and in fact he served all the time in that county in the Western part of North Carolina in July 1781 he was in the country in North Carolina with Capt. Vowell from Rutherford County, and continued in that country against the Tories a few weeks at the end of the war the few weeks before the war ended. He continued in Rutherford County until the end of the war. That he served there about one year of nine days of which

time he served during the Revolutionary War. The Revolutionary War having as he is ordered ended about the last of January or first of February 1782. but but the war continued to be troublesome for several years after the Revolutionary War ended. That he was acquainted with General James Minton Col Colonel John Earl Major's of Wood Capt. Mervin & He that at the end of the two years of the war as he believes about 27 of January 1782. he was verbally discharged by his Colonel John Earl that he has no documentary evidence nor knows of he can prove who is to know as to his services the thereby relinquishes every claim whatever to a pension or annuity except except that the present of on the pension roll of the agency of any state or territory in

The United States I soon to and subscribed the day and year rescued
John Bruckel
The Justice
Questions to be ask Thomas Justice 1 Where and in what year were you born
Answer. I was born in Mulberry county in the State of Virginia on the 14 day of January 1765
2 have you any record of your age & if so where is it
Answer. I have in a large Bible which formerly belonged to my father
3 Where were you living when called into service where have you lived since the Revolutionary war and where do you now live
Answer. I lived in Rutherford county North Carolina when called into service and lived there six years after the end of the Revolutionary war. After that I lived in Buncombe county North Carolina where I was called to volunteer or were you a substitute and if a substitute for whom.
Answer. I volunteered
except I lived in Rutherford county June 1831

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 service.
Answer. General James Miller. Colonel John Bark. Major Livingston. Major William Wood. Captain William Powell. Capt Coulter. and Capt. McLean and the general circumstances of service are also stated to fill you even received a discharge from the service; and if so by whom was it given and what has become of it.
Answer. I only received a verbal discharge from Colonel John Bark.
7. State the names of persons to whom you are known in your present neighbourhood and who can testify as to your character for veracity and their beliefs of your services as a soldier of the Revolution.
Answer. Thomas Smith. Esquire. Nicholas Wood. Samuel Wood. James McMillan. John Baiker. Saml. Ruck. clerk. The Justice.

Mr. Nichols Woodfin.
The president of the state of Tennessee, before coming into the state of Tennessee, he is by all cert. Thomas Justice who has outgrown the christian that we believe him to be sixty-seven years and ten months old. and that he is repudiated and believes in the reign of have been a soldier of the Revolution and that we concur in that opinion. Deown to and described the day and year expressed Sworn to in open Court 13 th January 1832.
Swann to in open Court 13 th January 1832.
to the said Thomas Smith and the said N. Woodson. by declare their co-her- the inheritance of said after puting the matter not that the said applicant was the sole part- ner and served as the sole sol- the court further certifies that it appears to them that N. Woodson who has signed

The preceding certificate are in record in Beaufort county in the State of North Carolina in the records of the Superior Court of Beaufort county and that their statement is entitled to credit.
John B. Anthony Samuel Phillips J. O'Neill
I James McKisick Clerk of the court of Pleas and Quarter Sessions of Beaufort county in the State of North Carolina do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Thomas Justice for a pension for testimony whereof I have hereunto set my hand and seal of office this 15 day of November 1832.
J. McKisick Clerk

Shelbyville November 13/42
Sir I have sent you on the decl- aration of Thomas Justice inclosed in this letter. And it was not convenient for him to get a clergy- man to certify for him. But he obtained the certificate of Thomas Smith esquire and Nickles How- for fin. I have the pleasure of an acquaintance with both those gentlemen and know them to be very respectable. You will please put Mr. Justice on the pension roll and write me as soon as you can on my clear, with
The Honorable high eastern Lewis Cass Secretary of War Your Friend and the ble serv- ant. John. Bruce

Nov. 28.
Pa.
18812
Philadelphia, Pa. Nov 19
Dear
The Honorable Lewis Baugh Secretary of War Washington D.C.

Scottdale Ind Nov 14
Free
Nov 28.
Nov 1881
The Honorable Lewis C. G. Secretary of War Washington City D. C.

Shelbyville November 13 th 1832
Sir I have sent you on the decl- aration of Thomas Justice inclosed in this letter. And it was not convenient for him to get a clergy- man to certify for him. But he obtained the certificate of Thomas Smith esquire and Nickles Wor- th fin. I have the pleasure of an acquaintance with both those gentlemen and know them to be very respectable. You will please put Mr Justice on the per diem Roll and write me as soon as you can on my clear, with
The Honourable High eastern Lewis Cass Secretary of War Your Friend and the ble serv ant John. Bruce

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Thomas Justice ————— which require further proof or explanation.
I. Does the declaration show where the applicant resides? II. Did the declarant make the declaration in the county where he resides? 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? 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? VI. Has he given the names of the officers under whom he served, in conformity with the regulations? VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? VIII. Has the Court given their opinion? IX. Has the Clerk given his certificate? 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?

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? No. two Citizens 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? 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? 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?
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.

Rev. Star
1842
INVALID.
File No. 1842
Thomas Justice.
Pro. N. C. State.
Act: June 7. 1852.
Index:—Vol. 6 , Page 198
[Arrangement of 1870.]