Revolutionary War Pension and Bounty Land Warrant Application File S. 21,786, James Graham, S C

SERVICE
NUMBER
S 6
Graham, James.
S. 21.786
CONTENTS

order to pay, Nov. 11. 1836
16.416 South Carolina
James Graham of Chester — in the State of So. Ca. who was a Pri. in the commanded by Captain of the Regt. commanded by Col. Brown in the So. Ca. line for 10 mo: 23 days
Inscribed on the Roll of South Carolina at the rate of 55 Dollars 88 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 7 th day of Augt. 33 and Inuits G. M. Coleman. Chester C.H. So. Ca.
Arrears to the 4th of March 1833 111 76 Semi-ant. allowance ending Sept. " 27 94. $139 70
{ Revolutionary Claim, } { Not June 7, 1832. }
Recorded by Nath. Rice — Clerk, Book E Vol. 6 Page 68.

The State of South Carolina } fs Chester District.
On this Second day of April, one thousand eight hundred and thirty three personally appeared in open court, before the Honorable Richard Gantt one of the Judges of the court of General Sessions and common Pleas of said District and State, now sitting, James Graham, a resident of Chester District, and State of South Carolina aged seventy two years, who being first duly sworn according to law, doth, on his oath, make the following declarations, in order to obtain the benefit of the act of Congress passed June seventh, one thousand eight hundred and thirty two. -
That he entered the service of the United States under the following named officers and served from the year 1778 to the year 1782 as herein stated - "In the beginning of the month of December 1778, being seventeen years of age, I was drafted under Capt. Alexander Turner, Major Brown and Brigadier Genl. Richardson, we lay at Monk's corner some time and proceeded to the quarter house near Charleston. from thence we crossed the Edisto River, through Jacksonborough to the town of Purysburgh, where we fell under the command of General Lincoln, who I believe had his head quarters at that place, we remained at Purysburgh until my term of service expired - about the first March 1779 when I returned home; immediately on my return home I was called out with all those liable to do duty, under the command of Capt. Turner and Lieutenant Col. Brown we marched to Orangeburgh, where we lay a considerable time, and then marched to Black Swamp, the British troops being after us, we were compelled to retire to Charleston where, I believe, we remained six months, if not longer."
"In the beginning of the year 1781 I was attached to Capt. John Turner's Militia Company, under Col. Lacy, we joined General

Sumter, and marched to the Congaree Fort, which we besieged for some time - we were compelled to abandon the siege and marched towards Charleston - on our route we met a party of the enemy - Killed and took nearly the whole of them - we then crossed the Santee River and had an engagement with the enemy - Genl. Sumter retreated - we then marched to Kings-Free on Black River, from thence to the Waxhaw where we were dismissed."
"In the month of March 1781 a small party under the command of Lieutenant James Kennedy attacked a party of Tories at the plantation of old James Mylies, in this District, on Rocky Creek - we routed them through the old fields - they returned, and owing to superior numbers, they compelled our party to leave the field, after killing one of our men, Samuel Mylie, the son of old James Mylie - we killed a Tory by the name of - Fair."
"In the month of May 1781 I was attached to Capt. John Turner's company under Col. Hampton - we marched to the Congaree Fort, after besieging it a short time - the enemy surrendered to Col. Lee and I returned home."
"In the month of July 1781 I again started out with Capt. Turner and left the company to drive cattle for General Greene's Army, which occupied my time about one month."
"In the month of February 1782 under the command of Capt. Turner, we marched to Orangeburgh and fell under the command of Major Wallis, we guarded the Jail containing Tory prisoners about two months - In the month of May 1782 under the command of Major Hanna we hunted the woods on the Edisto River for Tories, about two months, for Tories. This was the last of my Revolutionary services. I now live in the same neighbourhood that I lived in during the Revolutionary War."

Deponent further says he has no written discharge and hereby relinquishes every claim whatever to a pension or annuity except the present, and declares his name is not on the pension role of the Agency of any State or Territory.
Sworn to and subscribed } James Graham the day and year aforesaid } in open Court Robt Coe Clerk
The State of South Carolina } Chester District . . . . } S d , George Gill, Sr, aged Seventy two years do hereby certify that I was personally acquainted with the above named James Graham in the time of the Revolutionary War
Geo Gill
Sworn to and subscribed } the day and year aforesaid } in open Court Robt Coe Clerk
The State of South Carolina } Chester District . . . . } We, J o LeRoy Davies a clergyman residing in the District of Chester, and George Gill Sr residing in the same place hereby certify that we are well acquainted with James Graham, who has subscribed and sworn to the foregoing declaration; that we believe him to be seventy-two years of age; that he is reputed and believed, in the neighbourhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
J. LeRoy Davies
Geo Gill
Sworn, and subscribed } the day and year aforesaid } in open Court Robt Coe 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 J Le Roy Davies who has signed the preceding certificate, is a clergyman, resident in the District of Chester and that George Gile, Jr. who has also signed the same is resident of the same place, and is a credible person, and that their statement is entitled to credit.
L Gault
I, John Rosborough, Clerk of the court of General Sessions and Common Pleas for Chester District, State of South Carolina, do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of James Graham for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this Second day of April, one thousand eight hundred and thirty three, and fifty seventh year of American Independence. J Rosborough Clerk

Interrogatories prescribed by the War Department, and administered to James Graham, by the Honorable Richard Gantt, presiding Judge of the Court of General Sessions and Common Pleas, for Chester District - Spring Term 1833.
First - Where and in what year were you born?
Answer - I was born in Ireland in the year 1761 and emigrated to Charleston in the year 1772 afterwards settled where I now live.
Second - Have you any record of your age; if so, where is it?
Answer - My father had a book containing the family ages which I have seen but cannot say at this time what ever became of it.
Third - Where were you living when called into service; where have you lived since the revolutionary war, and where do you now live?
Answer - I was living in Chester District; at the same place then, that I now live, when called into service.
Fourth - How were you called into service; were you drafted, did you volunteer, or were you a substitute? and if a substitute for whom?
Answer - I was on several occasions drafted, and at other terms of service I volunteered. I was never a substitute.
Fifth - State the names of some of the regular officers who were with the troops where you served; such continental and militia Regiments as you can recollect, and the general circumstances of your service.
Answer - I recollect Genl. Greene, and Lieut. Col. Washington having driven cattle for his Army.

I do not recollect at this time the names of any others, as my service was confined nearly altogether to the militia. Col Wilson commanded our Regiment. I do not recollect the names of any Regiments and refer to my narrative of facts for the general circumstances of my service.
Sixth . Did you ever receive a discharge from the service; and, if so, by whom was it given, and what has become of it?
Answer . I never received a written discharge, it was usual after our terms of service expired, to give the soldiers a verbal discharge.
Seventh . State the names of persons to whom you are known in your present neighbourhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the revolution?
Answer . Rev. Mr Davis, James Harrison, Esq. John M c Dill, Thomas M c Clurken and others of my neighbours can testify to my veracity and my revolutionary services. James Grahame
Swan in open Court Robt. Bousfield
Agent P.L.

South Carolina Chester District
(Amended declaration of James Graham) Personally appeared before me
John Rosborough, Clerk of the Court of Common Pleas and General Sessions for the district and state aforesaid James Graham, who being duly sworn, deposeth and saith, that by reason of old age, and the con- sequent loss of memory, he cannot swear positively as to the precise length of his service; but accor- ding to the best of his recollection, he served not less than the periods mentioned below, and in the following grades - For two months and sixteen days I served in the Militia (was drafted) under Capt. Turner in the year 1778 - For six months I served as a volun- teer under Capt. Turner in the year 1779 - For one month and six days I served as a volunteer under Capt. John Turner in the year 1781 - For one night and day as a volunteer under Lieut. Kennedy in the year 1781 - For two months I served as a volunteer under Capt. Turner in the year 1781 - For one month I served as a volun- teer under Capt. Turner in the year 1781 - For two months I served as a volunteer under Capt. Turner in the year 1782 - For two months I served as a volunteer under Capt. Turner and Major Wallis in the year 1782. and for such service I claim a pension. Sworn to and subscribed this 6 July 1833 before me
James Graham
John Rosborough Clerk of S.D.
South Carolina Chester District
John M c Dill makes oath that he was personally acquainted with the above
named James Graham in the Revolutionary war having served with him before Orangeburgh and at Purysburg.
Sworn to and subscribed this 8th July 1833 before me
John M c Dill
John Rosborough Clerk of S.D.
I also certify that the above named John M c Dill is an old soldier. July 8th 1833 John Rosborough Clerk

The State of South Carolina Charles District
In Testimony that the foregoing Depositions of James
Graham & John M. Bell were taken before me as further proof of James Graham being related to a person I have been used to my hand and affixed the seal of the court this 6th day of July A.D.
1833 and in the fifty eighth year of the Sovereignty and Independence of the United States of America
Rosborough Clerk

James Graham Chester District S.C.
Admiral as a private Memo L 23 days 55.88
Geo W Coleman Chester S.C.

WAR DEPARTMENT,
Pension Office,
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 subjoined 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 James Graham
   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.     Decr. 1778 { drafted - - - Pri. Maj. Brown Brig. Genl. Rich- ardson 72 years Chester District In additionary   1781 - - - " Lt. Col. Brown   March { 1781 - - - " Col. Lacy Genl Sumpter   May 1781 - - - " Col. Hampton   July. 1781 about 1 mo. - - - "   Feby. 1782 - - - - - - " Maj. Wallis   May " about 2 mo. - - - " Maj. Hanna  
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) _____ 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 affix 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 [j] 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.

Resolution
21786
INVALID.
Am
File No. 21,786
James Graham
Pr. Rev War
Act: June 7 th 82
Index:—Vol. 2 , Page 166
[Arrangement of 1870.]

Planters & Merchants Bank of N. Orleans Charleston 28 Octo 1856
J. L. Edwards Esq. Commissioner of Pensions Washington Sir
Upon the enclosed voucher of James Graham One years stipend is due I forward it accordingly for authority from you for payment of the same
I am Respectfully Your Obedt Servt F. Samson Pension Agent

BOUNTY LAND WARRANT RECORD CARD*
NAME Graham, Jesse GRADE Private LINE Connecticut
WARRANT NUMBER 5836 ACREAGE 100 ISSUED Dec. 30, 1790 to — not shown —
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.