Revolutionary War Pension and Bounty Land Warrant Application File S. 4432, for Churchwell Jackson, North Carolina

SERVICE
NUMBER
n b
Jackson, Churchill
S 4432
CONTENTS
banded

Order to pay 1 May 1838. Letter to Hon J. L. Williams 1 May 1838.
Paid at the Treasury under the Act of the 6 Apr 1838 from 1 st March 1837 to 1 st Sept 1837. Age note filed 12 June 1838.
13953  East Tennessee
Churchwell Jackson of Marion Co in the State of Tennessee who was a private in the Company commanded by Captain Smith of the Regiment commanded by Col. McDowell the Holston line for 10 months.
Inscribed on the Roll of East Tennessee at the rate of 33 Dollars 33 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 18 day of July 1833 and South Stephen Hook  Joseph
Arrears to the 4th of March 66 66 Semi-ant. allowance ending 1 st Sept 16 66 $83.32
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Dan Boyd Clerk, Book 6 Vol. 7 Page 49

No 25352
Churchill Jackson Marion County Tennessee-
from 1780 private 10 months $33. \frac{33}{100}
Stephen Hicks Delphi Marion County Tennessee

WAR DEPARTMENT,
Pension Office,
183
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 Churchill Jackson  Marion County Tennessee
   Period when the service was rendered. Duration of the claimant's service Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Vol. May 1780 - 5 - private Capt Smith Col M c Dowd Elijah White 75 years Burke County N. Carolina Revolutionary   Vol. July 1781 - 4 - " Same Officers   Vol. Dec r 1781 - 1 - " Capt Sumpter,  
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)                      , who has 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 days 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 add 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.

Churchill Jackson
25350

State of Tennessee Warren County S. G.
On this 11 th day of April 1888, personally appeared in open Court, before the Hon. Nathaniel W. Williams, one of the judges of the Circuit Court, of Law and Equity in and and for said State now sitting for said County, at the Courthouse in Jasper, Churchill Jackson, a resident citizen in said County and State, aged seventy-five years, on the 15 th day of last February: 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 June 7 th 1832. That he entered the service of the United States under the following named Officers and served as herein stated; first, that he volunteered as a private to perform a five months' tour of duty, on the day of May 1780, under Captain Robert Smith, Lieutenant John Hardin and Ensign Philip Hogan, in the Regiment commanded by Col. Joseph McDowell and Major Joseph White. That he served under said officers until the day of October, 1780 when he was discharged from the service having served five months, the term for which he volunteered. That when he entered the service he lived in Burke County in the State of North Carolina. This applicant states, that the Regiment to which he belonged served mostly as a guard to the frontiers, until early in the month of September 1780, at which time they were marched to Kings Mountain in the State of South Carolina, with a view to assist in dislodging the enemy then stationed under the command of Col. Ferguson, but, did not arrive there until the day after the Battle had been fought. That they then joined the American Army commanded by Col. Campbell, Cleveland, Shelby, Sumner, Clark and Williams, the only officers, except those of his own Regt. that this applicant has any recollection of. That this applicant, with a part of Col. McDowell's Regiment was then detached to guard the captured enemy, whom they guarded to the Moravian Town in the State of North Carolina, and from there this applicant returned home to Burke County S.C. where he was discharged - that he was not in any Battle, during said service.
This applicant states, that in the month of July 1781, in Burke County in the State of North Carolina, he again volunteered as a private to serve a tour of four months' duty under the same officers, to wit, Captain Robert Smith, Lieutenant John Hardin and Ensign Philip Hogan in the Regt. commanded by Col. Joseph McDowell and Major Joseph White, that he continued in the service under said officers until

Some time in the month of November 1781, when he was discharged that he was not in any Battle during this term of service. - That from Burke County etc. this applicant was marched under said officers to the Head of Catawba River, where the Regt was stationed about three months at Davidson's Fort to guard the frontier, and from there they were marched to Gilbert Town in the state of North Carolina, where they captured a few Tories, but had no general engagement, that they remained stationed at Gilbert Town about three weeks, and returned home to Burke Co. etc. when this applicant was discharged -
This applicant states that in the month of December 1781, in Burke County etc. he again volunteered as a private in a company commanded by Captain William Sumpter, Lieutenant John Sumpter (the Ensign's name he has forgotten) to suppress the Tories in the country where he lived, that there was no term of service specified when he volunteered, that he served said officers about one month, and was in several skirmishing expeditions after the Tories, but was in no engagement, nor was he with or under any other than his company officers, nor did he ever receive a discharge from said service. - This applicant states that he was not with any regular troops, nor was he with any officers only those of his own Regt. except those at Kings Mountain already named. - This applicant states that he has no documentary evidence of his services, and that he knows of no person, whose testimony he can procure, who can testify to his services. - That he was born in Orange County in the state of Virginia, on the 15 th day of February 1758. - That he has no record of his age at this time, that his Bible which contained it, was some years ago burnt with his house, but he still retains recollection of his age. - That he was living in Burke County in the state of North Carolina when he was called into service each time, That from Burke County etc. (where he lived during the War) he removed to Jefferson County, Tennessee, where he lived five years, from there he removed to Anderson County, Tenn. where he lived about thirty years, and from there he removed to Marion County Tennessee, where he now lives. - That he volunteered to serve each term of duty and was never a substitute. - That he cannot recite the names of any Regular officers, having never served with such troops, nor was he with any Militia troops only those of his own Regt. except those at Kings Mountain - that he has already given the names of such of the officers as he recollect, who commanded there. - That he was regularly discharged from the two first terms of duty by Col. Joseph McDowell, and that his discharges were burnt with his house.
This applicant states that he is acquainted with and

refers to the following gentlemen of his neighborhood, to wit: Rev. Isaac Easton, William Marmaduke, Rev. William Stone, Richard W. Stone, Ephraim Thurman, John Bennett, Esq. Samuel H. Bott Esq. and Isaac Hicks, Esq. some of whom can testify as to his character for veracity, and their belief of his services as a soldier of the Revolution. - He 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. his
Churchville Jackson mark
Sworn to and subscribed
the day and year aforesaid
W. M. Mendenhall Clerk
We Isaac Easton a clergyman residing in the County of Warren and State of Tennessee and William Marmaduke residing in the same County and State, hereby certify that we are well acquainted with Churchville Jackson who has subscribed and sworn to the above Declaration, that we believe him to be 78 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.
Isaac Easton
Sworn to and subscribed
the day and year aforesaid
William Marmaduke
W. M. Mendenhall Clerk
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 Isaac Easton who has signed the preceding certificate is a clergyman, resident in the County of Warren and State of Tennessee, and that William Marmaduke who has also signed the same is a resident in the same County and State, and is a credible person, and that their statement is entitled to credit.
W. H. Williams Judge

State of Tennessee, Dist.
Seal
I William S. Standifer clerk of the Circuit Court of Maury County, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Churchill Jackson for a pension. - In testimony whereof I have hereunto set my hand and private seal (not having an official seal) at office in Jasper this 10th day of April 1833. -
W. S. Standifer (Clerk)
I certify that William S. Standifer is clerk of Maury Circuit Court and that the signature is genuine and that there was no seal of office for said Court 30th April 1833
James Standifer former M.C.

Rev Way
4432
INVALID.
File No. 4432
Churchill Jackson Rev. N.C. line
Act: June 7/732
Index:—Vol. 7 , Page 190
[Arrangement of 1870.]

House of Rep.
May 25th, 1838.
Sir,
The Comm. e of Pensions is respectfully invited to give his attention to the enclosed papers - and, to so much of Mr. Beadnich's letters, as relates thereto - and to advise me, at the earliest time convenient, of the result.
Most Respectfully
Jos. S. Williams
J. B. Edwards Esq.

Treasury Department,
SECOND COMPTROLLER'S OFFICE,
June 9 - 1838.
Sir.
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Churchwell Jackson a Pensioner on the Roll of the Knoxville Agency, at the rate of thirty three Dollars and thirty three Cents per annum, under the law of the 7 th June 1832 has been paid at this Department, from the 4 th of March 1837 to the 4 th September 1837
Respectfully, yours,
Abner H. Parrish Comptroller
To the COMMISSIONER OF PENSIONS, Present.

Delphi T. 3 May 4 th
Free
Hon. Lewis Cass Secretary of War, Washington City.
25-352 -53

Adolphus T. S May 4 th  3
Free
Hon. Lewis Cass Secretary of War, Washington City.
25359 53
1/2

Delphi, Marion County, Tenn. May 5 th 1833.
Dear Sir,
Herewith I send the applications of Churchwell Jackson and Stephen Thompson, for pensions. Should these applications be attended to before Col. Standifer, (or who ever may be the representative from here) should arrive there, you will please address me, at this place, upon the subject. But should they not receive attention earlier than the arrival there of our Representative, I will receive them communications on the subject through him. — The reason the testimony furnished by Thompson was not afforded and vouched for, was, that the witness lives in Franklin County, Tenn. and could find no person here who knew him, and too, the application is prepared as others are without testimony of service. — Should Judge Isack be there in time I will refer you to him as to witness veracity. —
Respectfully
Your Obed. Servt.
Hon. Lewis Cass.
Stephen Hicks

Agents Office East Tennessee Johnsonville April 19 th 1838.
Sir
You will please find herewith enclosed Churchwell Jackson's Application for his pension due from that day of March 1837. as my Books show, I have his original cer- tificate of pension in my hands — all of which is submitted for your examination and further instruction.
I am respectfully your obedt Servt A. H. my Agent
J. L. Edwards Commission of Pensions Washington City