Revolutionary War Pension and Bounty Land Warrant Application File S. 3,609, for James Milliken, North Carolina

SERVICE
NUMBER
N.C.
Milliken James
S. 3609
Va.
CONTENTS
carded.

13760 East Tennessee
James Milliken
of Cocke Co in the State of Tennessee who was a Private in the Company commanded by Captain Wallace of the Reg't by Major Crockett in the North Carolina line for 16 months & 12 days
Va. W.H.C. Line. Records corrected March '04
Inscribed on the Roll of East Tennessee at the rate of 34 Dollars 66 Cents per annum. to commence on the 4th day of March, 1831.
Certificate of Pension issued the 13 day of June 1833 and Leah Dohm Blair  James Milliken
Arrears to the 4th of March 10 9 32 Semi-ant. allowance ending Sept 27 33
$136.63
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Daniel Boyd Clerk, Book 6 Vol. Page 32

Reathan
3609
INVALID.
File No. 3609
James McMilliken Pro. N.C. line
Act: June 7/82
Index:—Vol. 8 , Page 257
[Arrangement of 1870.]
Va. & N.C. Line Records corrected Mar. 14 '04

Declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832.
State of Tennessee
Coche County } On this 28 th day of August 1832
11931
personally appeared in open Court before the justices of the Court of pleas and Quarter Sessions, for the County aforesaid now sitting. James Miliken the same being a court of record a citizen of the part in county & state aged seventy eight 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 act of Congress passed 7 th June 1832. That he entered the service of the United States under the following named officers and served as herein after stated.
He states that he was born on the 19 th August 1754 on board a vessel on her passage from London derry in Ireland to New castle on this continent.
That he entered the service of the United States on the 8 th day August 1776 as a Volunteer under Gen William Christian in Rockbridge County State of Virginia where he then lived and under Major Crockett and Capt Samuel Wallace, Lieutenant Edmonson Ensign Grumble and that he marched with Jonathan Bryan Thomas Cooper Daniel Fullen and others. That he marched from Rockbridge to the Long islands of Holston and there to the head of Nolachucky thence by the Long island in French Broad to Tuskega in the Cherokee Nation where they rescued a Mrs Bean who had been taken captive in North Carolina after which General Christian stipulated with the Cherokees to meet at the Long Islands of Holston where a treaty was to be concluded, to which place they then marched and where he was discharged on the 27 th of December making a term of four months and 19 days.
He also states that he entered the service of the United States as an enlisted soldier some time in April 1775 under Felix Walker Lieutenant that he enlisted in Washington County in Virginia and was discharged in Washington Co North Carolina sometime in May following making one month.

An that afterwards on the 17 th of April 1777 he again entered the service of United States at Robinsons Fort at the Sycamore Shoals on Watagua under Command of John McNab Capt t Com mandant under Col John Carter where he was stationed to guard the frontiers against the Cherokee Indians, and from whence he was discharged about the middle of September following at which place he mestred with David McNab James McNab and others, making 5 months
And that afterwards in to Spring of 1780 he entered service under General Charles McDowell in Washington Co. N. C. where he then resided the precise time he does not recollect that he marched from thence to South Carolina under Capt t John McNab and Col Shelby & Maj. McDowell - against the British & mal contents or Tories, and encamped near Thickety Creek where they had a skirmish with the British under the command of Dunlop in which Christopher Cunningham and Solomon White were taken prisoners from the American army and Maja Smith of Georgia was killed. From which place they marched near to Beckersstaff farm where they had another skirmish, in which the enemy were commanded as he believes by Col Moore and the Americans by Col Shelby, Clark and Williamson, and after having served seventy days in 2 d State of S.C. he was discharged at the Cherokee ford on Broad River about 200 miles from his residence marking  constituting as he supposes to three months service.
Applicant further states that he again entered the service as a volunteer in the State troops of North Carolina under Col John Senior Major John McNab Capt David McNab and marched from Washington County N. C. about the first of Sept r 1781 and joined General Marion below Nelsons Ferry on Santee river, from whence they marched to a place called White oak, from which place Applicant was one of a thousand who marched under Col Maham by order of Gen Marion to the quarter house six miles from Charleston where they took a British out post of ninety men. He states that in this campaign William Job he recollects was a soldier also Mr Coleman who is now alive and by whom he expects to prove service. and was discharged at the mouth White oak creek on Santee about the 13 th of December 1781 having 12 days

allowed him to return home, making a term of 3 months & 25 days
And that afterwards on the 4 th day of August
1788 he again entered the service as Captain of a Company by order of Col Daniel Benedy, and marched from Green County Northwestern Territory where he then resided to the Houston's Station on Nine mile creek now in Blount County against the Cherokees and from said Station he moved his company to a place called the orchard on Little Tennessee river where he buried a number of dead who had been killed by the natives when gathering apples - and was discharged about the tenth of September following whole service 1 month and 12 days. And that afterwards
on the 1 st day of April 1794 he again entered the service by order of Governor Blount as a volunteer under Lieut Nathan Beane and served as an Indian spy being stationed alternately at the Warm Springs in N. C. the Brant cane brake in the Territory and Buffalo Station and was discharged the last of May following, making two months.
Making in the whole a term equal to twenty months and twenty six days. He states that he has no document or evidence by which to support his claim nor does he now know of any person now living whose testimony he can procure who has personal knowledge of his services except such as he herewith transmits. He states that his name is not on the pension rolls of the agency of any state. He hereby relinquishes all claims to every pension whatever except the present. He states that he has had discharges and other documents but supposes them to have been burnt with his dwelling house some years since. He states that he has resided in Newport in Cocke county since the revolution James Killicker
Sworn to and subscribed in open court 28 th day of August 1832 G. M. Porter

We Jacob Faubion a Clergyman residing in the County and State aforesaid, qua John J. Howell residing in in Newport in the County and State aforesaid; hereby Certify that we are well acquainted with James Milliken 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. From the above subscribed in open Court the 27th day of August 1832 Jacob Faubion John J. Howell G. M. Potter W.H.
And the said Court do hereby declare their opinion after the investigation of the matter and after ruling the interrogatories presented by the War department that the above named applicant was a revolu- tionary soldier and served as he states. And the court further certifies, that it appears to them that Jacob Faubion who has signed the preceding certificate is a Clergyman resident in this county, and that John J. Howell 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.
John Gillet Wm Kelley James Hall Justice appointed to hold court
I William Coleman of the County of Cocke and State of Tennessee do hereby certify that James Milliken did serve a three months campaign under Col John Sevier and others commencing the 1st of September 1781 as he has stated, and that I was in the same company and that the facts stated by him related thereto are true to the best of my recollection.
Sworn to & subscribed in open Court the 28th day of August 1832 G. M. Potter Clerk
I George M. Porter clerk of said court of pleas and quarter sessions hereby certify that the foregoing contains the original proceedings of said court in the matter of the application of James Milliken for a pension on testimony whereof I have hereunto set my hand and seal and the same made the record of the court by act of assembly dated Aug 28. 1832 G. M. Porter Clerk

James Mellickins (amended)
from 1776 private 116 months & 12 days \$524.\frac{66}{100}
Knoxville agency.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of James Milliken 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? No.
5 4 19 1 2 10 3 13 16 12

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? Yes XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? 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? No XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not 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.
I am satisfied that G. H. Forlin whose attestations are to the declaration & evidence of the claim of James Milliken of which there is a list in, & was at the time of her attestation clerk of the Court of Pleas & quarter Sessions for Cocke County that her attestation is genuine & that there is no seal of said Court.  22 d March 1833.
John Blair take Me 1 st District of Tennessee