Revolutionary War Pension and Bounty Land Warrant Application File R. 5170, James Holmes, N.C.

SERVICE
NUMBER
Holmes, James
R. 5170
CONTENTS

Acts of July 14, 1862, and March 3, 1873.
REJECTED
5170
P. O.
James Holmes
Service:
Lib clk Perry C. Ala Mar 25 1855
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Perry Co. Ala (age 17) in 1832 Oct Calif Mar 10 1844 in Dobb's New Gen Co. Pa
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

Rejected, but 3. Months service, see Letter to Clerk of the Court of Perry County Alabama
25 March 1883.

No. 220 23
Darius Holmes
Perry County
State of Alabama
5170
Henry Clinton Lea
Ag't Perry County
State of Alabama

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 subjjoined 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 Holmes Perry County Alabama
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     1816 1779 3 Private Capt. Purcell Moring Ensign M c Williams Lieut. Charles W. A. C. Col. Jonas Johnson Major Evans Genl. Butler On Stone River From Dobbs to Charlotte along the Savannah River in Genl. Sullivan's campaign to Brian Creek. Stone Castle Tenn. 71 years Dobbs now Green County, N. Carolina Tradition  
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 day 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.
The notes from [a] to [i] 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.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

For Holmes
225-23

The State of Alabama { County Court
Perry County } December Term 1832
On this seventh day of December A.D. 1832 personally appeared in open Court before Dunklin Sullivan Judge of the County Court of the County & State aforesaid now sitting James Holmes a resident of the County aforesaid and State of Alabama aged seventy one years on eight of October last 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 th 1832.
That he entered the service of the United States under the following named officers, and served as herein stated. That on or about the tenth of March seventeen hundred and seventy nine in what was then called Dobbs now Green County and State of North Carolina - I volunteered my services to the United States under at about the age of nineteen years - under Captain Burriel (Moorings Wayne County & I believe Willie Williams Ensign Charles Roach (Lieutenant) - Under Colonel Jonas Johnson from Edgecombe County - There was also a Major Evans who continued in our Red men but a short time -
We were under General Butler whose given name I do not recollect - This was in the militia service for as a militia man I served all the time.
At this time the British were posted at Stone point  crossing called by some by others field others Stone simply in S. Carolina - We were marched first from Dobbs County through Charlotte where we were stationed a few weeks - from Charlotte to Augusta crossing the Savannah into Georgia at that place a distance of perhaps near four hundred miles; from Augusta we marched down the Savannah River on the west side to the mouth of Brier Creek perhaps thirty  sixty miles from Augusta - This was directly after the Battle fought at Brier Creek with the British & Tories against whom we were in the our Light horse between Augusta and this Creek took prisoner a British Lieutenant along the name of Cunningham together with his small party having

a supply of provisions for the British who was said to be under the command of one McGinty — At the mouth of Brur Creek we again crossed the Savannah into S. Carolina — From this place we were marched towards Savannah and being encamped at Bacon's bridge on Edisto or Aspey River (which, it has been so long since my memory is not distinct) our pickets were attacked by some British out-riders, but the skirmish was of short duration.
Here we were employed for some days in alternately retreating and pursuing the British who were taking an advantage of us — Our forces being greatly increased we were at length marched against the British at Stone — Here in an open old field on Stone River — The militia of Virginia & North Carolina principally (in front) the Continentals who were held in reserve in the rear) we were marched to within a convenient distance of the fort and fought the British for hours According to my recollection this battle was on the last of May I know it was near that date & I believe in seven hundred & seventy nine
We found it impossible to carry the fort from the strength of the works though the British force was not very great — As I entered the service for only three months I was with the other militia discharged — My Col. Johnson died on his return home at Army's bridge on Grounding Creek in N. Carolina — I was taken sick at Stone and was confined at a short distance from that place till the last of June — before I could go home —
I did get a discharge from my Captain after I returned but I can give no account of it how I suppose lost carelessly —
After returning home I was often engaged as a volunteer on short tours; but my services though sometimes greatly laborious were not of obvious advantage to the United States — I hardly  scarcely have no documentary evidence of my service nor do I know any person in my recollection — or the place of residence

of any who can testify as to my services - There is one John Gully I have understood lived in this State that was in the service with me but I can not find him or get his evidence - I hereby relinquish every claim whatsoever to a pension or annuity except the present & declare that my name is not on the pension roll of any state that I know of - I refer the Department to my neighbours for specialty to Sworn to a subscribed { the day & year aforesaid }
Holmes
We William Calloway a clergy man residing in the County of Perry & State of Alabama and Elias Benson and David McCulloch residing in the same County and State here by certify that we are well acquainted with James Holmes who has subscribed and sworn to the above declarations that we believe him to be seventy two years old by the eighth of October next (as he states), that he is respected and believed in the neighbourhood where he resides to have been a soldier of the re- volution and that we concur in that opinion
Sworn and subscribed the { day and year aforesaid - }
Wm Calloway Elias Benson David McCulloch
And the said Court do hereby declare their opinion is 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 & served as he states. And the Court further cer- tifies, that it appears to them that William Calloway who has signed the preceding Certificate, is a clergyman residing in the County of Perry & State aforesaid and that Elias Benson & David McCulloch who has also signed the same is a resident in the same County & State and are credible persons and that their statement is entitled to credit in full.
Under County Court
I J. B. Kave Clerk of the County Court of the County and State aforesaid do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of James Holmes for a pension in testimony whereof I have hereunto set my hand and seal of office this the seventh day of December A.D. 1832
J. B. Kave Clerk