Revolutionary War Pension and Bounty Land Warrant Application File S. 1521, James Hankins, Va.

SERVICE
NUMBER
Va
Wankins James or Waukins
S 1521
CONTENTS
barded

22.206
East Tennessee
James Hawkins
of McMinnville in the State of Tennessee who was a private in the company commanded by Captain Burnett of the regt commanded by Col Tucker in the Virginia line for 6 months in 1781.
Enscribed on the Roll of E. Tennessee at the rate of 20 Dollars Cents per annum, commence on the 4th day of March, 1831.
Certificate of Pension issued the 17 day of Oct. 1833 and sent to R. J. Meigs Athens
Arrears to the 4th of Sep '33 $ 50. — Pension allowance ending 4th Mar '34 10. —
$60.
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Wm Ellison Clerk Book 2 Vol. 7 Page 46
Certificate returned men one April 19 Nov 33 and sent to A. D. Keyes, Athens. name reported correctly to agent
Nov 20, 33
Letter to Hugh Smith of 3 d Auditor 29 th June 1839.
Paid at the Treasury under the Act of 6 April 1838 from 4 March 1836 to 4 Sept 1838 at Notified 20 July 1839
let: 14 Sep 1841 to Hon J. L. Williams Letter to 3 d Auditor July 5. 1844. " " Same & Hon J. H. heroged, 23 May 1846

James Hankins
25097
The Department will please address K. J. Meigs, or Declarant himself, Athens Tennessee.
[Faint, mirrored text from the reverse side of the page]

DECLARATION
IN ORDER TO OBTAIN THE BENEFIT OF THE ACT OF CONGRESS PASSED JUNE 7, 1832.
State of Tennessee, }
County of McMinn }
ss.
On this 25 day of April personally appeared in open Court, before the Judge of the Circuit Court of said county, James Harkins a resident of said county and state, aged about 80 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 June 7, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated.
He entered the service as a drafted man in Pittsylvania County in the State of Virginia, where he was born, raised, and resided when he entered the service, which was, as well as de- clarant recollects, in the latter part of the spring or beginning of the summer of 1781. He was drafted for six months under Captain Henry Burnett of a rifle company. Declarant does not clearly recollect, but thinks, the lieutenant was a brother of Captain Bur- net. His company was attached, declarant thinks, to the 14 regiment, commanded by Col. Tucker, whose Christian name is not recollected, the name of the major not recollected. The company marched from Pittsylvania to held quarters of Lawson's Brigade, which was, de- clarant thinks, at Point Fork of James River. The riflemen in Tucker's regiment were not called into any active service for 4 months previous to the formation of the siege of York. But Lawson's Brigade, was, during this time, engaged in following the rear of Cornwallis's army on their march through Virgin- ia until they took possession of Little York. A skirmish be- tween some part of the advance of this Brigade took place a day or two before Cornwallis entered York, and the rear of the enemy, but declarant was not in it, nor was he in any battle till the siege was formed, for the riflemen seemed to be employed as a reserve. After the siege began to be formed, declarant's company did not remain more than two or three weeks, but they were not discharged till it was certain that Cornwallis would surrender. The regiment of riflemen to which he belonged was not engaged in performing any of the duty of the siege, such as entrenching &c. Declarant has not by reason of age and loss of memory consequent thereon, a very distinct recollection of the incidents and events of the siege whilst he remained, but he remembers that the ground on which the main body of the American Army lay, was called Prides Old Field. Besides the general officers, whom all would remember, declarant does not recollect any regular officer, except Captain Joseph Conway, who was a citizen of Pittsylvania County. Declarant thinks also, that a brother of said Joseph Conway, Henry by name was a major in the regular service. Declarant received a discharge from Captain Burnett, but it is lost after the expiration of six months, the term of service for which he was drafted, during all which he served.

Declarant was born in Charlotte county Virginia, in the year 1752, as he understood from his parents, but no record of his age was kept, that he remembers was to have been or heard of. He was living, as above stated in Pittsylvania County Virginia when called into service as a private, and during his service never received a commission. Declarant remained in Virginia till the termination of the war, and a few years afterwards removed to Washington County Tennessee. Thence Declarant removed to South Carolina; thence to Pittsylvania again; at that time that is now Roane County Tennessee, where he resided 30 years or more, and finally to the County of McMinn Tennessee, where he now resides.
Walter Billingsly and James Madden and Robert Mansell are persons who reside in his present neighborhood, who would testify as to his veracity and good character.
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the Pension Roll of the Agency of any state.
Sworn to and subscribed the 25 th day of April 1833
his James H. Hankins mark
We Isaac Mulkey Robert Randolph a clergyman residing in the county and state aforesaid, and Walter Billingsly & James Madden residing as aforesaid, hereby certify that we are well acquainted with James Hankins who has subscribed and sworn to the above declaration; and we believe him to be 80 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 to and subscribed the 25 th day of April 1833.
Isaac Mulkey Walter Billingsly James Madden
And the Court do hereby declare their opinion, after investigating the matter, and putting the interrogatories prescribed by the War Department, that the above applicant was a revolutionary soldier, and served as he states. And the Court further certifies, that it appears to them that
Isaac Mulkey — — — — — who has signed the preceding certificate, is a Clergyman, that he and Walter Billingsly & James Madden who have also signed it, are resident as they therein state, and that their statement is entitled to credit.
W. M. Williams judge

I Samuel M. Gantt Clerk of the Circuit Court of the County of McMinn aforesaid, do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of James Rankin for a pension.
In testimony whereof, I have hereunto set my hand and private, having no official seal at office, this 25 th day of April 1832.
Sam d M. Gantt Clerk
I, James Standifer, hereby certify that Samuel M. Gantt, whose name is subscribed to the foregoing certificate is clerk of the Circuit Court in and for McMinn County, Tennessee, and that the above is his signature, given under my hand the 25 th of April 1832. and that he has no seal of office.
James Standifer former M.C.

No 25.097 James Hawkins McMinn Co. East Tennessee
from 17 & 21 private 6 mo. $20 = mi
Rev J. Meigs Atkins McMinn Co. Tennessee

WAR DEPARTMENT,
Pension Office,
May 31 st 1833
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.
Tennessee
A Statement, shewing the Service of James Hawkins McMinn Co.
   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.     April 2nd 1781 - 6 Private Capt Burnett Col Tucker 80 years Pittsylvania Co. Virginia Traditional evidence  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers :
[Here set forth the names and rank of the Field and Company Officers ; the time he left the service ; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers ; ) the town or county and State in which he resided when he entered the service ; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) , who has hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must 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.
3 not required John Norton

Rev. War
INVALID.
File No. 1521.
James Han Kim Pro. Va. Sen.
Act: June 7, 1889
Index: Vol. 2 , Page 136
[Arrangement of 1870.]
Hankins : Records corrected Oct 6 '88

James Hawkins, Knoxville, Tenn: at 7 June 32 to what time paid?
Pen. Officer.
Dep. 9. 1 Rec
#20.
died 1840 p. 4. 4 Sep 1838
JH

TREASURY DEPARTMENT,
Second Comptroller's Office,
July 13 th , 1839.
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," James Hawkins, a Pensioner on the Roll of the Knoxville Agency, at the rate of Twenty — Dollars and — Cents per annum, under the law of the 7 th June, 1832, has been paid at this Department, from the 4 th of March, 1836, to the 4 th Sept., 1838. — 2½ years.
Respectfully, yours,
Albion B. Parris Comptroller.
To the Commissioner of Pensions,
Present.

J. L. Edwards Esq. Cann. Pending
Allison Sept. 9. '41

Wall of Rep o 8th Sept 1841
Sir:—
Please give yr attention to the enclosed Robber. Yr ob d serv t
Ed d Edwards Esq r
Gov. H. Williams
Com d R m s etc

Adams To 2.00 T.
free
J. L. Edwards Esq. Commissioner of Pensions Washington City.

Athens, Sept. 27, 1833.
Sir:
I enclose to you the Pension Declaration of James Hawkins, No. 25.097, which was some time ago returned to me marked i m.
You will please be so good as to inspect this declaration again; and in doing so, you will find that the certificate of the Member of Congress, James Standifer, is subscribed, and that the declarant has mentioned some regular officers. I presume this declaration was returned by some oversight.
Yours &c.
R. J. McGehee
J. L. Edwards Esq. Commissioner of Pensions.