Revolutionary War Pension and Bounty Land Warrant Application File R. 7,046, for William Maxwell, North Carolina

SERVICE
NUMBER
76
Maxwell, William
RR 7046
Elizabeth
P
CONTENTS

25501 West Tennessee
William Maxwell of Rutherford in the State of Tennessee who was a private in the Co. commanded by Captain D. L. H. of the reg t commanded by Col. Bellartin in the New Orleans line for 10. Mo s prof d Cavalry. 16 - - - - - Infantry
Inscribed on the Roll of West Tennessee at the rate of 88 Dollars - 33 Cents per annum. commence on the 4th day of March, 1831.
Certificate of Pension issued the 18 day of Jan y 1834 and John Brady  Murphy  Stearns  Stearns
Arrears to the 4th of Sept r 210.83 Semi-ann t allowance ending 4 March 44.17 255.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Sam Boyd Clerk. Book Vol. Page 93
Sent to Hon. S. W. Dickerson H. R.
19 16 27 83
27

William and Elizabeth Maxwell gave the 11 th  were married 1705
Elizabeth Maxwell was born the 29 th April 1760
Laura Maxwell was born the 26 th of April 1789
Jane Maxwell was born the 27 th of Jany 1791
John Maxwell was born the 14 th of Jany 1793
Lidia Maxwell was born the 3 rd Jany 1795
1797
William was born the 3 rd Jany
Elizabeth was born the 18 th of December 1790
Robert was born the 6 th of May 1805
Jane was born the 18 th of April 1807
Nancy was born the 5 th of August 1810
1835 1791 44

Declaration in order to obtain the benefit of the Act of Congress passed 7th June 1832
State of Tennessee
Rutherford County ss Circuit Court October Term 1832
On the 2nd day of October 1832 personally appeared in open Court before the Hon. James C. McTear Judge - a William Marshall a citizen of said County and State of Tennessee aged seventy five 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 provisions made by the Act of Congress passed June 7th 1832 - He states that he was born in the State of Pennsylvania, and removed when a youth to the State of North Carolina Mecklenburg County and he entered the service of the United States in the County of Mecklenburg as a volunteer under Capt Charles Roff, and in the history of the Corps understands near the mouth of Rocky River, Col Alexander Meigs and Lieut Col Thomas Roff commanded the Regiment to which declarant was attached - He cannot recollect the years that he entered the service under Capt Roff - From the mouth of Rocky River the Corps marched to Crops Creek on the waters of Cape Fear - From this point the Corps returned back to Mecklenburg and was discharged - At the period here spoken of James Marshall the father of declarant was with the command in the capacity of Quarter Master to the Regiment commanded by Roff - Afterward declarant again volunteered his services in the County of Mecklenburg, and joined the company commanded by Thomas Shelby - and the company was marched by a Fort or place which was occupied by Col Shelby after Gats defeat as near as he can recollect, and was then marched to near Camden, and then joined Gats Army - Declarant was in the battle of Gats defeated He recollects that Col Rutherford was taken prisoner at the battle of Camden - After the battle declarant with the Militia - Generally went home. In the last June above spoken of declarant that he was a service more than four and not above six months - Before the capture of Charleston by the British - but he cannot recollect the precise time, in the County of Mecklenburg he again volunteered his services, under the command of Capt William Alexander, and rendezvoused at Charlotte and was marched to South Carolina, passing the Columbia River - thence to Winton and joined Col Wade Hampton's command between the Waccamaw and Congaree - During this service there was a skirmish between Hampton's command and the British and Tories at the Quarter house - and also at a place called the Blackstock, with the British and Tories when Col Sumpter commanded; and who was wounded at that skirmish - after which declarant returned home, and was discharged - In the June declarant served ten months - Declarant again volunteered his services, tho' he cannot recollect

The date of this service, from the County of Mecklenburg and joined the Company commanded by Capt. James Houston, and riding round near Charlotte, and crossed the Catawba and marched towards Kings Mountain - Declarant was one of the adjutants and under the command of Capt. Thomas Shelby - and joined the Corps under the command of Col. Campbell, and under him Col. Shelby and Shelby. Declarant was in the battle that was fought at that place, and he recollects that his Capt. Houston received a wound in the knee, which disabled him - After the battle of Kings Mountain declarant returned with his Company home, and was discharged - Shortly after his return home, he again volunteered his services under Capt. Richard Sumner and riding round near the mouth of Little River under the command of Col. Patrick Ferguson, Col. Robert Smith, and Major Graham - and then marched to Wofford's Creek - and after some time the troops returned home - In the last campaign declarant was in service for months or up weeks - During the last four declarant was with a detachment under the command of Col. Smith, which the Army lay at Wofford's Creek, ordered to destroy a bridge up a party of Tories and British, which marched, or was expected to march to the Brink house - the Brink house being then in the possession of the British - should the British and Tories march from the Hills when Maj. Graham had been sent to dislodge them - Declarant again volunteered under his Father Col. James Houston in the County of Mecklenburg - and was marched to near Cowan's Ford, when the British crossed the Catawba under the command of Lord Cornwallis - He was at the Skirmish at Cowan's Ford, when Gen. Davidson fell - The command moved to the Widow Fowle's - and from this point the Corps retreated to Charlotte, before the British Cavalry under the command of Tarleton - and from there the Army retreated to the cross roads four miles from Charlotte and at this place Maj. White commanded - and the Corps fell back to the right and left, and the British Cavalry pressed on the road between the American Corps - and as they pressed they saw the rear of our Corps - and the Corps then dispersed and returned home - At the cross roads George Lash was killed by Tarleton - Declarant continued in service until after the battle of Guilford, and was then discharged - He cannot say what was the length of his service in the last four, but he thinks four months - And declarant would here state, that he was in the battle at Rappahannock and also at the battle fought at Ramseur's Mills - Declarant has no document or record in his possession by which he can prove his services, or to give the date of his different services - nor does he know of any other means by which he can prove his services - He has lost his discharge.

He has no record of his age, and declarant lives in Mecklenburg County after the War, and has since resided in the State of Tennessee. Declarant does not recollect the names of the Regular officers, who were attached to the Regular Troops, with whom he served - tho' he saw many of them on his different tours, but he has forgotten their names -
He hereby relinquishes every claim whether to a pension or an annuity except the present, and declares that his name is not on the pension roll of the Agency of any State.
Sworn to and subscribed the day and year aforesaid. Subscribed November 2 nd October 1832.
W. H. Walker, Clerk W. L. Carr W. H. Hays
George McLain a soldier of the revolution makes oath that he was at the battles fought at Ruff's Swamp, and Ramsour's Mills, and he has conversed with William Marshall, about the occurrences which took place, on those occasions; and from the many anecdotes which then occurred, and which the said William Marshall hath related in conversation to the affiant - he is satisfied that said Marshall was in those engagements -
Sworn to and subscribed the day and year aforesaid. Sworn to in your presence, 2 nd October 1832.
W. H. Walker, Clerk George M. L. Carr
Then was William Rorer the father of William Marshall in Mecklenburg County North Carolina, and he also was acquainted with the said William at the same time, and during and since the revolutionary war; and he always understood in North Carolina and in Tennessee, that said William Marshall was a soldier of the revolution; and that the said William had seen much service; and from his acquaintance with the said William he believes him to be twenty six years of age -
Sworn to and subscribed the day and year aforesaid. Sworn to in your presence, 2 nd October 1832.
W. H. Walker, Clerk Thomas Collier
And we the undersigned residing in the neighborhood of the said William Marshall, hereby certify that we are well acquainted with him, that we believe him to be twenty six years of age, that he is respected and beloved in the neighborhood where he lives to have been a soldier of the revolution and that we concur in that opinion.
Sworn to and subscribed the day and year aforesaid. Sworn to in your presence, 2 nd October 1832. W. H. Walker, Clerk J. M. Murphy B. H. Carlton S. B. Ransom

And the said Court do hereby declare their opinion after the investigation of the matter, and after putting the interrogations presented 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 there is no clergyman residing in the immediate neighborhood of the applicant who can testify to their belief of the sincerity of the applicant &, but the said Court is satisfied that George McCain Thomas, Callie, Solomon Burley, Benajah Britton & Benj. C. Ransom, are residents of the neighborhood of the applicant and are credible persons, and that their statement is entitled to credit.
Given under my hand to open Court the day and year aforesaid
J. H. Mitchell
I William Sedabute, Clerk of the Circuit Court of Washington County, in the State of Tennessee, do certify that the foregoing contains the original proceedings in said Court on the application of William Maxwell for a Pension.
In testimony whereof I have hereunto set my hand and caused the seal of said Court to be affixed at office in Murfreesboro, Aug. 16 th October 1852
W. Sedabute Clerk
W. Maxwell
20053

State of Tennessee Smith County
On this day to wit the fifth day of September 1839 personally appeared Elizabeth Maxwell before me James J. Askeew one of the acting Justices of the Peace in and for the county aforesaid. She being aged about seventy one years and a resident of Smith County aforesaid who being first duly sworn according to law doth on her oath make the following Declaration in order to obtain the benefit of the Provision made by the act of Congress passed July 7th 1838 entitled an act granting half pay and Pensions to certain Widows. That she is the widow of William Maxwell who was a Pensioner of the United States and drew his Pension in Nashville State of Tennessee. She further Declares that she was married to the said William Maxwell on the eleventh day of June Seventeen hundred and eighty five. That her husband the aforesaid William Maxwell died on the 17th day of December 1838 that she was not married to him previous to his leaving the Service but the marriage took place previous to the first day of January Seventeen hundred and ninety four to wit at the time above mentioned.
Sworn to and subscribed before me this 5th day of September 1839
Just James J. Askeew (J.P.) for Smith City
Elizabeth Maxwell mark

State of Tennessee Smith County
I James I. Askey one of the acting Justices of the Peace in and for the county aforesaid hereby certify that I am well acquainted with Elizabeth Maxwell who has this day made the foregoing declaration before me that she is a woman of truth and veracity and that full faith and credit are due her statements
In testimony whereof I have hereunto set my hand and affixed my seal the 5th day of September 1839 James I. Askey (S) for Smith City
I James I. Askey one of the acting Justices of the Peace in and for the county of Smith and State of Tennessee hereby certify that Elizabeth Maxwell is of household age and bodily infirmity unable to attend court to make this declaration in open court
In testimony whereof I have hereunto set my hand and seal this 5th day of September 1839 James I. Askey (S) for Smith City

State of Tennessee Smith County      October term 1884
On this day personally appeared in open court Samuel P. W. Maxwell Grandson and legal heir of William Maxwell and Elizabeth Maxwell his wife aged 26 years being a Resident of the county and State aforesaid 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 July 7 th 1888 and the Joint Resolution of the 16 th August 1884 Granting half pay and Pension to certain widows. That he is the Grand Son and legal heir of Elizabeth Maxwell widow of William Maxwell deceased who was a Pensioner of the United States and that the said Elizabeth Maxwell made application for a Pension under act of 7 th July 1888 entitled "an act Granting half pay and Pensions to certain widows," That said Pension has never been allowed and that the said Elizabeth Maxwell died on the 8 th day of February 1884 leaving the following children and grand children as her legal heirs and representatives to wit William Maxwell Robert Maxwell Nancy Love The heirs of John Maxwell deceased the heirs of Jesse Maxwell the heirs of Elizabeth Maxwell and the heirs of James Maxwell and that they are her only heirs. She further declares that the said Elizabeth Maxwell remained the widow of said William Maxwell until her death as above stated. Sworn to in open court this
7 day of October J. J. B. Smith
Samuel P. W. Maxwell

State of Tennessee Smith County
I John B Barnett clerk of Smith County Court here certify that the following declaration was produced in open Court and was duly sworn to by Daniel P Maxwell at the October Term 1844. of said Court.
In Witness whereof I have hereunto set my hand and affixed my seal of office, at office here Carthage the 1 st day of October - 1844
John B Barnett Clerk of Smith County Court

State of Tennessee Smith County
On this 11 th day of October 1851 personally appearing before the undersigned a justice of the Peace in and for said County & State Robert Maxwell aged forty six years a Resident of Smith County Tennessee with whom I am personally acquainted and made the following Declaration in order to obtain the benefit of the provision of the act of Congress passing papers July 7 th 1838 &c that he is the Administrator of Elizabeth Maxwell Deceased who was the widow of William Maxwell a Revolutionary Pensioner of the United States under the act of June 7 th 1832 at the Rate of Eighty Eight Dollars & 33 cts per annum that he died in Smith County State of Tennessee on the 27 th day of December 1838 leaving a Widow whose name was Elizabeth Maxwell and who survived him and remained his widow until on the 8 th day February 1840 when she died in the State of Tennessee Smith County that the said William Maxwell & Elizabeth Maxwell were Married in Muhlburg County State of North Carolina on the 11 th day of June Eighteen hundred and Eighty Five as will appear by the Family Record kept kept by said William Maxwell in his lifetime his wife annexed that she left the following named and only surviving Children of herself and the a- bove named William Maxwell to wit Robert Maxwell and Nancy Dove which are now living that he has in his possession no Record or other documentary Evidence in support of said claim that the aforesaid William Maxwell drew his pension at Nashville Tenn

Sworn to and Subscribed before me the day and Year above.
Written Stephen Petty J.P. Robert Maxwell Seal
Know all men by these presents that I Robert Maxwell of Smith County State of Tennessee do hereby constitute and appoint Smith & Sons of Nashville Tennessee my true and lawful attorneys for me and in my name as Administrator to present and prosecute my claim as Administrator against the United States to a Pension that was due my Mother Elizabeth Maxwell but since her death has devolved to her heirs ratifying and confirming all their acts in the premises Witness my hand and Seal this 11 day of October 1851 attest A. Love Robert Maxwell Seal attest J. H. Smith Administrator of Elizabeth Maxwell's Estate Acknowledged before me this day of October 1851 Stephen Petty J.P.

State of Tennessee County of Smith I William N H Wallum Clerk of the County Court of said County do hereby certify that Stephen Petty Esq. whose signatures appear to the foregoing affidavit and acknowledgment is and was at the time of signing the same an acting Justice of the Peace in and for said County duly commissioned and qualified and that the signatures thereto purporting to be his are genuine In testimony whereof I have here set my hand and affixed my seal of office this 27 th day of October 1851 W N H Wallum Clerk

William and Elizabeth Maxwell Married June 11 th 1785 Elizabeth Maxwell born April 29 th 1768 Charlotte Maxwell born April 26 th 1789 James Maxwell born February 27 th (A.D. 1791) John Maxwell born February 14 th (A.D. 1793) Lydia Maxwell born February 3 rd (A.D. 1795) William Maxwell born January 3 rd (A.D. 1797) Elizabeth Maxwell born December 18 th (A.D. 1798) Robert Maxwell born May 6 th (A.D. 1805) Susan Maxwell born April 18 th (A.D. 1807) Nancy Maxwell born August 5 th (A.D. 1810)

State of Tennessee On this the 11 th day of October 1851 Smith County I personally appeared before the undersigned an acting justice within and for said County and State Ryley League Aged Fifty one Years a resident of Smith County and State of Tennessee with whom I am personally acquainted and made oath in due form of law that he was well acquainted with William Maxwell deceased who was a Revolutionary Pensioner of the United States at the Rate of Eighty Eight Dollars & 33 1/3 a year and who died in Smith County State of Tennessee on the 7 th day of December 1838 and at the time of his death he left a widow named Elizabeth Maxwell who survived him unmarried till on or about the 8 th day of February 1840 when she died in Smith County Tennessee as affiant is is informed and believes that at the time of her death she left Robert Maxwell & Nancy Leve children of herself and her husband the said William Maxwell and who are the only the only children and surviving heirs of the said William and Elizabeth Maxwell deceased and that the said William & Elizabeth Maxwell were always called persons of truth and veracity and further states that he is in no wise interested in this matter sworn to and subscribed before me the day and date above written
Ryley League
Stephen Kelly J.P.

State of Tennessee Smith County
I Stephen Petty a Justice of the Peace in and for Said County hereby Certify that I am well acquainted with Skyler Deague who has the day appeared before me and made oath to the within affidavit that he is a man of truth and veracity and that full faith and credit is due and of right ought to be given to his Statements.
In testimony whereof I hereunto set my hand and Seal this 11 th day of October 1851
Stephen Petty J.P.
State of Tennessee Smith County
I William W. H. Wallen clerk of the County Court of Said County do hereby Certify that Stephen Petty Esq whose signature appears to the foregoing affidavit and Certificate is and was at the time of signing the same an acting Justice of the Peace in and for Said County duly Commissioned and qualified and that the signature thereto, purporting to be his are genuine.
In testimony whereof I have hereunto set my hand and affixed my seal of office this 27 th day of October 1851
W. H. Wallen Clerk

State of Tennessee on the 11 th day of October Smith County 1861 personally appeared before the undersigned a Justice of the Peace in and for Said Smith County William McGehee a Resident of Smith County age 35 Fifty Two Years and made oath in due form of law that he was well acquainted with William Maywell late of Said County that he was a citizen of the United States at Eighty Eight Dollars & 33 1/3 cts a year that he died in Said Smith County Tennessee on or about the 7 th Day of December 1838 that at the time of his death he left a Widow named Elizabeth Maywell who survived him unmarried until on or about the 8 th Day of February 1840 when she died as affiant was informed and believes in Smith County State of Tennessee that at the time of her death she left Robert Maywell and Nancy Leave Children of herself and her husband the Said William Maywell and who are the only Children & surviving heirs of them the Said William and Elizabeth Maywell deceased and that the Said William & Elizabeth Maywell were always called truthful & Respectful Person also states that he is not interested in this matter William McGehee

State of Tennessee Smith County I Stephen Petty a Justice of the Peace in and for said County hereby certify that I am well acquainted with William McGinnis who has this day appeared and made oath to the within affidavit before me that he is a man of truth and veracity and that full faith and Credit is due and of right ought to be given to his Statements
In testimony whereof I have hereunto set my hand and seal Stephen Petty J.P.
State of Tennessee Smith County I William V. H. Wallum Clerk of the County Court of said County do hereby certify that Stephen Petty Esq. whose signature appears to the foregoing affidavit and certificate is and was at the time of signing the same an acting Justice of the Peace in and for said County duly commissioned and qualified and that the signatures thereto purporting to be his are genuine
In testimony whereof I have hereunto set my hand and affixed my Seal of office this 27 day of October 1851
W. V. H. Wallum Clerk

20055.
William Maxwell of Rutherford County, Tennessee.
49.5-
from - private of Canalys Life 2 yrs.
P. Cn 10 - $41.66
P. Inf 14 - 46.66
$88.33
John Bragg, Agent. Newfriesborough, Ten- nessee.

BRIEF in the case of William Noxwell, County of Rutherford, in the State of Tennessee (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? A Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 76 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.     In 17 As a Gen.   Col. not stated Not stated. pr. Capt. Polk, Col. Martin, Lieut. Col. Polk.   " " " " Capt. Shelby.   " " 10 " Gen. Sumpter, Capt. Alexander.   " " Upwards of 5. " Col. Campbell. Capt. Houston, & Capt. Shelby.   " " He thinks 5. " Gen. Rutherford, Col. Smith, Major Graham, and Capt. Simmons.  
 5. In what battles was he engaged? Camden, Hingles Mountain, Raft Swamp, & Ramsour's Mills.  6. Where did he reside when he entered the service? Mecklenburg County, N. C.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Living witness & traditional.  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.
W. R. Turner, Examining Clerk.

Elizabeth Maxwell Jan act '38 rejected William Maxwell W. Jan. Act 7 June 1832 to what time paid? Hon. Officer.
£88.23 due Dec 1838
Sept 15, 1840. Died 8 Dec. 1838 p st that period JA

See let: 16 Sep 1840
A. Ferguson,
July 7 1838
husband died after passage of act of 7 July 1838.
Let to A. Ferguson (Civ. B) 18 May
7280
Let. 16 Sept. '40. A. Ferguson
" 4 Dec. 44. " "
Let Smith & Jones Feb 21/52.
Rejected. Was not a widow 7 July 1838. Died in 1840.

7046
P. O. Elizabeth Maxwell Service: wid. of William
REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____ _____
Re-enlisted: _____ _____
Attorney: _____
P. O. _____ _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of William Maxwell , which require further proof or explanation.
100 10 9 8 7 6 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? No 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 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 shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
† QUERE XIV.  Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡ QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
¶ In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.

Carthage Tennessee 4th July 1840
Sir
Inclosed you will find the Declaration and proof in regard of Mrs Elizabeth Maxwell widow of William Maxwell deceased. You will see by the affidavit of William Parkman that the testimony was procured in Illinois and he states it in his own way. I also send you the marriage record of the said Maxwell as kept by himself in his lifetime and the testimony declaration and record all correspond. I have no doubt but this claim is genuine and I hope you will allow it as soon as convenient.
You will discover that the Declaration was made last year and the reason it has not been attended to sooner was the great distance to where the witness lives.
Respectfully
James S Edwards Esq. A. Hergesson commission of Pensions Washington

J. E. Heath Esq Comm'r of Pensions Washington. Sir,
Nashville Nov. 5 th 1851.
We enclose the Declaration of Robert Maxwell. Adm'r of Elizabeth Maxwell dec'd claiming Pension under Act July 7, 1838, due the heirs of the said Elizabeth as widow of William Maxwell late a Revo- lutionary Pensioner.
Please examine the claim, and if allowed, enclose the certificate to us.
Respy Smith Hanes Attorneys

Canthage Tennessee 9 th October 1864
Sir
I renew the claim of Mrs Elizabeth Maxwell deceased by the declaration of one of her legal Heirs who had the care of her previous to her death. I would like extremely well for you to take immediate action on this claim as I furnished you with ample and sufficient proof previous to the Joint Resolution of the 16 th August 1854 and agreeable to your letter in answer to mine you directed that this and other claims I wrote to you about should be renewed under the said Joint Resolution Please attend to it without delay Respectfully A Hargraves
James L Edward Esq Commissioner of Pensions Washington

State of North Carolina Guilford County
This day personally appeared before me William Adams  John A. ... a justice of the peace for the County and State aforesaid William Maxwell who being duly sworn, de- poseth and saith that by reason of old age and the consequent loss of memory he cannot speak positively as to the precise length of his ser- vice but according to the best of his recollection he served not less than the periods mentioned below and in the following grades;
For three months I served as a private, as set forth in my declaration, and in the company and under the officers there mentioned.
For three months I served again as a private in the year 1781
For one week I served as a volunteer and private in an expedition against some Tories in the County of Randolph
For one week and five days I served on another occasion near the time of the battle of Guilford
For six months two weeks and five days I ser- ved my Country in the Revolutionary war and for these services I claim a pension sworn to & subscribed William Maxwell

North Carolina Guilford County
I William Adams justice of the peace for the County of Guilford and State aforesaid do hereby Certify that I am well acquainted with the Moral character of whose name appears to a certificate in the Monmouth- James Fintly, that he is a man of reputation truth and entitled to credit when speaking on oath - That he is an old man, and appears old enough to have lived in the days of the Revolutionary war
William Adams
State of North Carolina
I Alfred E. Hanner Clerk of the Court of Pleas & Quarter Sessions for the County of Guilford.
Do hereby Certify that William Adams, esquire whose name appears (in his own genuine hand Writing) to the foregoing Affidavits is and was an Acting Justice of the Peace in & for said County, legally Commissioned & qualified as such and that due faith & Credit is and ever has been given to all his Acts as such.
In Testimony whereof I have hereunto set my hand and Affixed the seal of said Court at Office this 28 th day of January 1833
A. E. Hanner

I certify that the foregoing papers are entirely genuine being all except the last, certificates of marriage as written by Ralph Forrester Esq. Who has written me that he drew up the Irish and her affidavits as - I know the applicants or witnesses & certify that they are entitled to the fullest credence J. H. Shepherd 13 th July 1833

Tennessee.
Smith County ss At a county court began and held for Smith County in the State of Tennessee, at the Court House in Carthage on the first Monday being the 6 th day of October Anno Domini 1851. and of the independence of the United States the 76 th year present the worshipful John N. Jones, Nathan Wood, Lipscomb P. McMurtry, Joseph C. Dickens, Miles F. West, Daniel Smith, James Gwynne, Edmund S. Broady, Thomas Coleman, Drury Carmichael, Willis Dean, Susan N. Sloan, Lorenzo D. Bell, Benjamin E. Faires, William Brantley, Joseph S. Carter, John Simpson, Salaman Dice, William B. Whitley, William Shoemake, Isaiah R. Smith, Francis P. Gill, Daniel A. McEachern, Isaac James, Francis Dawell, Leslie H. Baird, Coleman S. Sampson, Thomas Driver, Jonathan D. Dumas, and John S. Mason. Justice proclamation being made court was duly opened.
It is hereby certified that satisfactory proof has been exhibited in open court, to prove and did prove to the satisfaction of the court that William McFarwell was a revolutionary pensioner of the United States under act of June 7 th 1832, was a resident of Smith county Tennessee and died in Smith County Tennessee on the 7 th day of December 1838, leaving a widow named Elizabeth McFarwell, who survived him & continued his widow until the 6 th day of February 1840, when she died in the State of Tennessee Smith County, leaving the following named and only children of herself and the said William McFarwell (survived), Robert McFarwell, and Nancy Love who still survive and that Robert McFarwell is the Administrator of the said Elizabeth McFarwell, dead, duly qualified as such according to law, all of which is ordered to be here entered of record and certified by the clerk.

Tennessee
Smith County 3 I. William N. H. Stevenson clerk of the county court of Smith County do hereby certify that the within transcript is a true copy of the record in the matter concerning William Mansfield, decd. & the estate of Elizabeth Mansfield decd.
In testimony whereof I have hereunto set my hand and seal of said court. This 17 th day of October 1851
W. H. Stevenson clerk

Elizabeth Maxwell of William no 7280 Tennessee Rejected July 24 1838
A Ferguson Esq Barthay Smith Co Tennessee
single
70 dls

Chester Randolph County Illinois Before the subscriber, a justice of the peace within and for the said County personally appeared William Parkman who being duly sworn testifies as follows That he was well acquainted with William and Elizabeth Maxwell they have been married fifty five years this month and that William Maxwell lived & died above Lancaster in Smith County Tennessee. — William his Parkman Maxwell mark
Sworn to and subscribed this 8 th day of June A.D. 1840
George Birch (seal) Justice of the Peace
State of Illinois, set. Randolph County, ss. I Andrew J. Dickinson Clerk of the County Commissioners Court in and for said County do hereby certify that George Birch whose name subscribes to the foregoing deposition was at the time of the same signing and is now an acting Justice of the Peace in and for the County aforesaid duly Commissioned and qualified and that acting as such full faith and credit are and of right ought to be given to all his official acts
Given under my hand and the seal of said Court at Kaskaskia this 8 th day of June A.D. 1840
A. J. Dickinson — Clk Co Commrs Court

Mr. Fergusson the fees for offices is here $00.75 and my trouble _____ 1.25 Total $2 00
which you will please send me William his Parkman Mark

Murfreesboro 30 th Nov 1833
Sir
I return to you the declaration of Dr Wasceneel and I enclose the objections of the department, to the former or first declaration —
You will please direct to me —
Yours
M c Brady

State of Tennessee Rutherford County
Personally appeared before me, the undersigned, a Justice of the Peace for the State and County aforesaid William Maxwell, who, being duly sworn, deposes 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 three months under Capt Charles Polk, and three months under Capt Thomas Shelby — His declarant states that he volunteered for three months, at a time — And for ten months under Capt William Alexander in the Campaign in South Carolina — For five months under the Command of Capt James Hampton — For three months as Ensign under the Command of Capt Simmons — Four months as Ensign in the Company of Capt James Maxwell — Making twenty one months, he served as a private, and seven months as an Ensign in the service of his country — And for such service I claim a pension
William Maxwell
Sworn to and subscribed before me this 30th Nov. 1833
Yours under my hand the date above Jesse Moore Jr.
110 J N

State of Tennessee Rutherford county 3 John B. Laughlin, clerk of the county court of said county, do hereby certify, that Esquire Stovall, Esquire, before whom William Maxwell made oath to the within affidavit and amended declaration is an acting justice of the peace within and for said county, duly commissioned and qualified accor- ding to law, and that all his official acts are entitled to full faith and credit; and I do also certify that the signature of the said Esquire Stovall, Esquire, is genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of said court, at office in Murfreesborough, this 30th. day of Nov- ember, in the year of our Lord, 1833.
John B. Laughlin, Clk.

State of Tennessee 3
Smith County On this day personally appeared Samuel Maxwell Grandson of William Maxwell and made oath in due form of law that he is about twenty one years of age and that the annexed record of the marriage of his Grandfather and the said William Maxwell and Elizabeth Maxwell is in the genuine handwriting of him the said William Maxwell and the family record as kept by him Sworn to and subscribed before me this 5 th day of September
1839
Samuel Maxwell
Test James I. Akers (J) for Smith City
3
State of Tennessee Smith County
I John A. Darnell Clerk of Smith County Court do hereby certify that James I. Akers, is a Magistrate as also that the foregoing signature purporting to be his are genuine.
In testimony whereof I have hereunto set my hand and affixed my Seal of Office at Office the 3 rd day of July 1840
John A. Darnell Clerk of Smith County Court