Revolutionary War Pension and Bounty Land Warrant Application File S. 17511, for George James, Rhode Island

SERVICE
R.d.
James, George
NUMBER
S. 17511
CONTENTS
loaded

4283. Rhode Island
George James
of Providence in the State of R.I. who was a Private in the company commanded by Captain _____ of the reg t commanded by Col Potter in the R.I. line for 20 mos.
Inscribed on the Roll of R.I. at the rate of 66 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 17 th day of Jan y 1833 and Supt Ben h Howell Providence R.I.
Arrears to 4th of Sept 1832 $99.99 Semi-ann. allowance ending 4 th March 33.33
$133.32
{ Revolutionary Claim, { Act June 7, 1832.
Recorded by J. F. N. Blair Clerk Book D. Vol. 3 rd Page 117.

No 13854
Geo. James
Private
17 Jan 9 8 Mo
$ 66.66
Bengalsawill City Providence R. I.

BRIEF in the case of  George James of the County of Washington in the State of R. Island  (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? 77 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 1776 Dec r — 4 — Private Gen. Col. Potter, Capt e Clark   1777 1 3 — Private Same   1780 — 1 — Private Col. Dyers, Capt e Webb  
 5. In what battles was he engaged? none,  6. Where did he reside when he entered the service? Richmond,  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Depositions  8. Are the papers defective as to form or authentication? and if so, in what respect? pro Clergyman's Certificate 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Levin Belt Examining Clerk.

I Benjamin Barber of Richmond in the County of Washington and State of Rhode Island aged Twenty Seventy Seven Years do Testify and say that in the month of December 1776 I with George James of said Richmond belonged to Capt Simson Clarke Company of Militia of said Richmond that at said time we were called out and marched to the Smith House near the South Ferry in South Kingstown and from there our Company was ordered by the Col to George Brown's House in Boston Neck in said South Kingstown and served at Footguard about four Months guarding the Shore at the Expectation of said time our Company came to a draft and one half said fifteen Boys and then they were home and the other half served the same time and so continued in Rotation until the British left the State of Rhode Island and that I served with said James in said Company at several other times after the British left Rhode Island but cannot exactly say how long & I further testify that the said James is a man of truth & veracity his statement is entitled to credit
Benjamin Barber
September 3 rd 1832
Sworn to in open Court Wm. Smith. Helme Clk

P 34 13854 George James 13 1/2

State of Rhode Island &c County of Washington &c
On this 3 5 day of September A D 1835 personally appeared in open Court a Court of Common Pleas being a court of record within & for said County George James a resident of Rich- mond in the County of Washington & State of Rhode Island aged 77 years who being duly sworn doth on his oath make the following declaration in order to obtain the benefit of the Act of Congress passed June 7 th 1832 He was born October 8 th 1757 in Richmond & has no record of his birth, has always resided in Richmond both before & since the War
and this applicant further states that in Dec r 1776 when the British landed on R d Island he was called on an alarm & served four months as a private in Cap Simeon Clark's Company & in a Regiment of R d I. Militia first commanded by Col Thomas Potter, next by Col Ray Landa & last by Col Chas Dyer was stationed on Boston Neck in South Kingston & a British 74 gun ship lay opposite to us between the main land & Conaygent Island and this applicant further states that in April 1777 the Militia came to a Draft & he was drafted to serve half of the time & did serve as a private his regular tour until the British left Rhode Island (except at the time of Sullivan's expedition when then being sickened in his family he hired a substitute) in the whole about fifteen months in the company of R d I. Militia commanded first by Cap Simeon Clark, then Cap Richard Bailey & last by Col Joshua Wain, in the regiment commanded by Col Thos Potter, next by Col Ray Landa & then by Col Chas Dyer & served in the

Militia commanded first by Cap Simon Clark, then Cap Richard Bailey & last by Col Joshua Wait, in the regiment commanded by Col Thos Potter, next by Col Ray Jans & then by Col Chs Dyer & served on the shores of North & South Kingstown
And this applicant further states that in July 1780 he was called on an alarm there being a rumor that the British were returning & served about one month in Cap Joshua Webb's company & Col Dyer's Regiment & served at Tower hill, Wickford & at Bristol
all which drafts &c he served out & was honorably discharged but never had any written discharge
he hereby relinquishes every claim whatever to a pension or annuity except the present & declares that his name is not on the pension roll of the agency of any state
Sworn to & subscribed the day & year aforesaid
in Open Court Wm Sam Helme Clk
George James
and the sd Court do hereby declare their opinion, after investigating the matter & putting the interrogatories prescribed by the war department that the above named applicant was a soldier of the Revolution & served as he states, and the Court further testify that it appears to them that Silas Moore and Benjamin Barber both of Richmond
who have signed the annexed depositions are credible witnesses & that their statements are entitled to credit
I Samuel Helme Clerk of the Court of Common Pleas and General Sessions of the Peace for the County of Washington do hereby certify that the foregoing contains the Original proceedings of the said Court in the matter of the Application of George James for a pension In Testimony whereof I have hereunto set my hand & Seal of Office Sep r 8. 1832
Sam Helme Clk

I Silas Moore of Richmond in the County of Washington Aged Seventy two Years do Testify and say that in the forepart of December 1776 I with George Jones of said Richmond belonged to Capt. Garrison Clarke Company of Militia of said Town of Richmond that at said time we were called out and marched to the Smith House near the South Ferry in South Kingstown and from thence our Company was ordered by the Col to George Brown house in Foston Neck in said South Kingstown and served at both places about four months guarding the shores, at the expiration of said term our Company came to a draft and our half served fifteen days and the other half served fifteen days then they went home and the other half served the same time and so continued in rotation until the British left the Island of Rhode Island, and I served with said Jones in said Company at sundry other times after the Battle British left Rhode Island Took care not to say exactly how long & I further testify that the H. James is a man of truth & veracity his statement is entitled to credit—
September 3 d 1832
Silas Moore
Sworn to in open Court Wm. Linn. Nelson Clerk

17.571 INVALID.
File No. 17.571
George James
Pr. Rev. War
Act: June 7 th 82
Index:—Vol. 1 , Page 191
[Arrangement of 1870.]

N o 13.854
Geo. James
Benj n Gawell Esq r . Providence R. I.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of George James 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? yes 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? No XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? No 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 has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? yes Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? 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? yes 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 the 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.
† 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 authenticated 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 end 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.