SMITH COUNTY, TN - MILITARY - James & Mary Brown, Revolutionary War Pension Application ----¤¤¤---- BROWN, JAMES, VA Line, RWS W403 MARY [maiden name RAMSEY] BROWN Transcribed/abstracted by Mary Lu Nelson Johnson 26 September 1819, County of Smith, State of Tennessee, before me the subscriber one of the Judges of the Circuit Courts of Law & equity for said state at Carthage, Smith County personally appeared JAMES BROWN aged about Sixty Five years resident in the County of Smith, West Tennessee who being by me first duly sworn according to Law doth on his oath make the following Declaration in order to obtain the provisions made by the Act of Congress entitled "An act to provide for certain persons engaged in the Land & naval service of the United States in the revolutionary war". That he the said JAMES BROWN enlisted for the term of four years sometime in the Spring of the year 1776 as he believes in Orange County in the State of Virginia in the company commanded by CAPT. FRANCIS TAYLOR of the 2nd Virginia Regiment commanded by COL. JAMES ARMSTRONG on the continental establishment that he continued to serve in said corpse or in the service of the United States until sometime in the fall of 1780 he believes about four months after his said term of service had expired and he was discharged from service at Charleston in SCarolina by GENL BENJAMIN LINCOLN. That during his said term of service he was in the following Battles ____ first at Norfolk Virginia Guins Island and last at ?Stone. That he is very poor and in reduced circumstances so much so as to stand in need of the assistance of the country for support, and that he has no other evidence ___ ___ ___ able to produce of his said services than what he has here produced. That his discharge has been destroyed by accident so that he cannot now produce it. And the said JAMES BROWN doth hereby release and relinquish all claim to every other pension_________ entitled to under _________. JAMES [his X mark] BROWN [Signed] J. C. ISAACKS, JUDGE 23 September 1819 State of Tennessee, Jackson County} I AILSE SUTTON wife of JAMES SUTTON a citizen of Smith County aged about sixty two years do swear that a certain JAMES BROWN, who is her Brother, and who she believes is about sixty four years old did enlist as a soldier in the revolutionary war in the Company of a CAPT FRANCIS TAYLOR who lived in Orange County in the State of Virginia but do not recollect the time of enlistment or to what regiment he was attached but thinks that he served upwards of two years. Sworn to the 23rd day of September 1819. AILSE [her X mark] SUTTON [Signed] S. WILLIAMS, Justice for Jackson County. We STEPHEN PATE, THOMAS CASSITY, and THOMAS DAPER [sic] the said Pate a citizen of Smith County and the said DRAPER and CASSITY citizens of Jackson County all of the State of Tennessee do swear that we are well acquainted with MRS. SUTTON wife of JAMES SUTTON and have always considered her a person entitled to credit that she has lived in the neighborhood upwards of ten years and has always been esteemed by her neighbors as far as we know. STEPHEN [his X mark] PATE, [Signed] THOMAS CASSETY, [Signed] THOS DRAPER Sworn to this 23rd day of September 1819 S. WILLIAMS, Justice, Jackson County 26 September 1819, GEORGE SUTTON being duly sworn states that he has been well acquainted with the character and conduct of the above applicant JAMES BROWN for about four years past that he is a very _______ man but thinks him honest and entitled to credit on oath, that he has frequently heard him speak of his having performed service in the revolutionary war before he could have had any knowledge or expection [sic] of his getting a pention. He further states that he is extremely poor, so much so as to have no probable means of support and the affiant has no interest in his said application. [Signed] GEORGE SUTTON Sworn to & subscribed before me this 26th Sept 1819. J. C. ISACKS, Judge & C DAVID HOGG, Esqr being duly sworn states that he has been acquainted with JAMES BROWN the above named applicant for three or four years past that he believes him to be a very poor man worth very little and not sufficient for his subsistence and as this affiant believes in such reduced circumstances as to need the assistance of his Country for support that the affiant is not in any manner related to applicant or in the least interested in his application. [Signed] DAVID HOGG 3 October 1819, County of Smith, State of Tennessee I, JACOB C. ISACKS one of the Judges of the Circuit court of said state I certify that it appears to my satisfaction that JAMES BROWN the above named applicant for a pention did perform the services as stated by him in his foregoing declaration in the revolutionary war against the common enemy and that he is in reduced circumstances and needs the assistance of his country for support, and do further certify that I am acquainted with THOMAS DRAPER and DAVID HOGG two of the witnesses whose affidavits are taken in the case and believe them entitled to ful credit and further that I know SAMPSON WILLIAMS before whom the affidavits of ?AILSE SUTTON, STEPHEN PATE, THOMAS CASSEDY & THOMAS DRAPER wear taken to be a Justice of the peace of Jackson County and that his attestation is in his own hand writing - and hereby transmit the proceedings taken and heard before me as well as the ?Chancellor & affidavits to the Secretary of the department of war pursuant to the provisions of the before said Act of Congress. Given under my hand & seal this 3rd day of October 1819. [Signed] J. C. ISACKS, JUDGE 27 December 1820, State of Tennessee, Smith County} Personally appeared before me this 27th day of December 1820 JAMES BROWN The man who made application for a Pension under the act of Congress for the relief of the officers and soldiers who served during the revolutionary war, being duly sworn says that when he was examined by Judge JACOB C. ISAAK on the 26th day of October 1819 he was under the impression that COL JAMES ARMSTRONG commanded the Regt inasmuch as he was the Col. who conducted the Troops from Orange Court House in Virginia to Williamsburgh the place of Rendevouz, that then a COL. [blank] WOODFORD took the command and that it was under sd WOODFORD he served and not under ARMSTRONG that his Ignorance was the only cause of mistake, the Christian name of WOODFORD he does not recollect. Sworn & subscribed to date above. JAMES [his X mark] BROWN Witness: DAVID HOGG, Justice of the Peace for Smith County. February Term 1821 State of Tennessee, Smith County Court} On this 19th day of February 1821 personally appeared in open court, being a court of word for the County aforesaid, JAMES BROWN aged seventy years, a resident of said County, who being first duly sworn according doth on his oath declare that he served in the Revolutionary War as follows, he listed in 1772 for four years under Capt. FRANCIS TAYLOR in the 2nd Virginia Regiment commanded by COLO WOODFORD, on the Continental establishment, that he served four years in said regiment, and was discharged from the service at Charleston in South Carolina. That he was in the Battles of Norfolk, and Gwinns Island in Virginia, and in the battle of Stone, in South Carolina, that he made a declaration before JUDGE ISAAC'S but for want of precision or something else in his statement, was not entered on the pension roll, And in pursuance of the act of the 1st of May 1820 I do solemnly swear that I was a resident Citizen of the United States, on the 18th day of March 1818, and that I have not since that time by gift, sale, or in any manner disposed of my property or any part thereof with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress entitled "an act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary War" passed on the 18th day of March 1818, and that I have not, nor has any person in trust for me, any property or securities, contracts or debts due to me; nor have I any income other than what is to wit, eight head of hogs, one pot, one dish, and three plates - has a wife and six children, is by occupation a farmer, and that he is so old and infirm that he cannot support his family & himself, thereby, that his children are young and incapable of contributing to their support. Sworn to and declared in open court, the 19th day of February 1821 before the Worshipful Justices of the said County Court. [Signed] S. TIBBETS, Chairman Attest J. Pickett, Clk State of Tennessee, Smith County} I Jonathan Pickett clerk of the Court of please and quarter Sessions for the County aforesaid, do hereby certify that the foregoing oath and Schedule thereto attached, an truly copied from the original on file in my office, and I do further certify that it is the opinion of said Court that the total amount in value of the property exhibited in the aforesaid Schedule is eleven dollars. In testimony whereof, I have hereinto set my hand and affixed the seal of said Court at office in Carthage, this 20th day of February A.D. 1821 and 45th year of our Independence. [Signed] J. PICKETT [Letter to ?Pension Office] 20 September 1821 Sir I have this morning recieved the Enclosed Declaration and accompanying affidavit explaining the mistake on the name of the Col. I am aware that the applicant has omitterd attending to the requisitions of the Suplement Law of May Last – but would be glad to know whether or not these papers make out his case as to Service if so wish them to remain and request the favour of you to furnish me with a Blank form for making out the applicants schedule of property. Yours respectfully, ROBERT ALLEN Certificate of Pension issued 24 March 182 , commence 26 Sept 1819, arrears to 4 March 1821, sent to HON. ROBERT ALLEN, Carthage, Tenn. Applied from Smith Co., TN, private in Regt commanded by COL. WOODFORD of the Virginia Line, four years. 11 September 1838 State of Tennessee, Smith County} On this 11th day of September 1838 personally appeared GEORGE SUTTON before me PATRICK FERGUSSON one of the acting Justices of the Peace in and for the county of Smith aforesaid and made oath that he has been well acquainted with MARY BROWN and JAMES BROWN he was not at the marriage but has no doubt of the legallity of the same they were married in Burk County North Carolina in Morgantown he has heard JAMES BROWN and his wife MARY relate the circumstances of the marriage long before his death and before he was placed on the Pension that their oldest son is now about 47 years old at best he has been too old to muster he has no doubt whatever of the legallity of the marriage as fully as if he was present and saw the same he further makes oath that She is a woman of truth and veracity and that full faith and credit are due her statements. he further states that owing to old age and bodily infirmity she cannot appear in court. Sworn to and subscribed before me this 11th day of September 1838. [Signed] GEORGE SUTTON [Signed] PATRICK FERGUSON, Justice of the Peace I PATRICK FERGUSON one of the acting Justices of the Peace for the county of Smith and State aforesaid hereby certify that I am well acquainted with GEORGE SUTTON, ESQ who has made the above affidavit before me That he is a man of respectabillity and truth and that full faith and credit are due and of right ought to be given to his Statement. Given under my hand and seal this 11th day of September 1838. [Signed] PATRICK FERGUSON, J.P. 11 September 1838, Smith County, Tennessee} On this day to wit the eleventh day of September 1838 personally appeared before me PATRICK FERGUSSON one of the acting Justices of the Peace in and for the county aforesaid MARY BROWN a resident of the county of Smith and State of Tennessee aged sixty nine years who being first duly sworn according to law doth on her oath make the following Declaration in order to obtain the benefit of the provision made by the act of Congress passed July 7th 1838 entitled "an act granting half pay and Pensions to certain widows", That she is the widow of JAMES BROWN who was a Pensioner of the United States and drew his pension in Nashville State of Tennessee. She further declares that she was married to the said JAMES BROWN on the twentieth day of August in the year Seventeen hundred and Ninety that her husband the aforesaid JAMES BROWN died on the 22nd day of June 1832. That she was not married to him prior to his leaving the service but the marriage took place previous to the first of January Seventeen hundred and ninety four, viz: at the time above stated. She further makes oath that through old age and bodily infirmity she cannot travel to the court house to make this declaration in oppen court. She was married in Burk County North Carolina by a Justice of the Peace by the name of Hencley. Sworn to and Subscribed before me this 11th day of September 1838. MARY [her X mark] BROWN PATRICK FERGUSSON, Justice of the Peace 4 July 1841, State of Tennessee, Smith County} On this day personally appeared JOHN I. SUTTON before me PATRICK FERGUSSON one of the acting Justices of the Peace in and for the County aforesaid and made oath in due form of law that he is about Seventy years of age and that he was well acquainted with JAMES BROWN and his wife MARY BROWN before and after their intermarriage. Her maiden name previous to the marriage was MARY RAMSAY. They both lived in Burk County North Carolina. JAMES BROWN had been a regular soldier and served in Virginia or at least he enlisted in that state and served throughout the Revolution War at the date of the marriage JAMES BROWN and MARY RAMSAY lived about five miles from this affiant and about fifteen or twenty miles Northwest of Burk Court House. This affiant saw them when they were married he was at work close to Esq Hencleys and saw JAMES BROWN and MARY RAMSAY going to the said Squire HENCLEYS and a large company of young people went with them and was in Company with them the yhoung people told this affiant they were going to see the marriage and as they they said they were present and saw the marriage ceremony. No question whatever was ever made of the marriage. This affiant can safely say they were legally married he has been acquainted with them ever since and knows them to be the same people JAMES BROWN and MARY RAMSAY were married in August or September in the year Seventeen hundred & Ninety he speaks from recolection. SPICER BROWN the oldest son of the said JAMES BROWN and MARY was born in the year Seventeen hundred and ninety one or Ninety two and is now about forty nine or fifty years of age. JAMES BROWN died in 1832. Sworn to and Subscribed before me this 14th day of July 1841. [Signed] JOHN J. SUTTON [Signed] PATRICK FERGUSSON, Justice of the Peace STATE OF TENNESSEE, SMITH COUNTY} I PATRICK FERGUSSON one of the acting Justices of the Peace in and for the county aforesaid do hereby certify that I have been for short time acquainted with JOHN J. SUTTON who has lately moved into my neighborhood and from my acquaintance with him I have no hesitation in saying that he is a man of truth and veracity and that full faith and credit are due and of right ought to be given to his Statements. In testamony whereof I have hereunto set my hand and affixed my seal this 4th day of July 1841. [Signed] PATRICK FERGUSSON, Justice of the Peace STATE OF TENNESSEE, SMITH COUNTY} This day personally appeared MARY BROWN before me PETER HEROD one of the acting Justices of the Peace in and for said County and made oath in due form of law that she has no record or other documentary evidence in Support of her Claim there was a family record of the marriage in the family though she says she does not know what became of it, she recollects of the date in said records as well as her own age which is now about seventy five ["or eighty" marked through]. She was married in her twenty first year of age and as stated in her first declaration in 1790, on or about the middle or twentieth of August in that year - Sworn to and subscribed before me this 1st day of October 1841. MARY [her X mark] BROWN [Signed] PETER HEROD, Justice of the Peace 1 Sept 1841, State of Tennessee, Smith County} On this day personally appeared SPICER BROWN before me NELSON THORNTON one of the acting Justices of the peace in and for the county aforesaid and made oath in due form of law that he is at this time agreable to the best information of which he received from his father JAMES BROWN in his lifetime and his mother MARY BROWN now living in Smith County, fifty three years of age and a little in his fifty fourth. He has been free of attending militia matters for eight years past all of which is well known among his neighbours. His father JAMES BROWN was a pensioner previous to his death he died to the best of his recolection about 22nd of June 1832 leaving his wife MARY BROWN a widow whom affiant is informed has made application for a Pension under act of 7th July 1838. This affiant has heard his father and mother the said JAMES and MARY relate where they were married and the circumstances. They were married in Burk County North Carolina about the year 1790 say the month of August. Sworn to and subscribed this 11 day of Sept 1841. [Signed] N. THORNTON, J.P. SPICER [his X mark] BROWN State of Tennessee, Smith County } On this day personally appeared RICHARDSON C. CARTWRIGHT before me NELSON THORNTON - one of the acting Justices of the peace in and for the county aforesaid and made oath in due form of law that he is well acquainted with SPICER BROWN son of MARY BROWN and James brown. This affiant states that he has acted as revenue commissioner for the county of Smith in his District ever since he was commissioned as Justice of the peace for said county and that said SPICER BROWN was exempt from paying a poll tax after 1839 which would make said BROWN agreable to the laws of Tennessee now at this time fifty two years old. Said BROWN has not mustered for several years, affiant does not recolect the precise number. Affiant states that agreable to the laws now in force citizens of Tennessee are not taxable after fifty years of age, affiant has acted as Justice of the peace for Smith County for the last five years. Sworn to and subscribed before me this 5th day of October 1841. [Signed] N. THORNTON, J. P. [Signed] R. C. CARTWRIGHT State of Tennessee, Smith County} I Nelson Thornton one of the acting Justices of the peace in and for the county aforesaid do hereby certify that I am well acquainted with RICHARDSON A. CARTWRIGHT who has made the foregoing affidavit before me, that he an acting Justice for the county of Smith aforesaid and a man of good character and that full faith and credit are due and of right ought to be given to his Statement. In testamony whereof I have hereunto set my hand and affixed my seal this 7th day of October 1841. [Signed] N. THORNTON 30 March 1843, Tennessee, Smith County, DECLARATION...Act of Congress 3rd March 1843, granting Pensions for one year to certain Widows who have received Pensions under the Act of July 7, 1838. ...personally appeared...MARY BROWN a resident of Tennessee in the county of Smith aged about seventy eight years, who being first duly sworn...That she is the widow of JAMES BROWN a private in the Revolution who was a Pensioner of the United States. She further declares that she was also a Pensioner of the United States at the rate of eighty dollars per annum under Act of 7 July 1838. She further declares that she is still a widow. MARY [her X mark] BROWN Sworn...LORENZO D. BALLOU, J.P. Affirmed: JOHN J. BURNETT, Clerk, Smith County Court, Carthage, Tennessee. 30 April 1849, State of Tennessee, County of Macon} On this 30th day of April 1849 before me one of the acting Justices of the Peace in and for the county aforesaid personally appeared MARY BROWN aged about Eighty five years a resident of the County of Macon, formerly Smith County and State aforesaid who being duly sworn according to law Declares that she is the widow of JAMES BROWN who was a Pensioner of the United States, that she has been a Pensioner under acts of July 1838 and 184[?] & 1844 and lately she has been drawing a pension under act of 2nd february 1848. That she now makes this Declaration in order to obtain the benifets of the above mentioned act particularly the Resolution of 1st July 1848 and the act of 29th July 1848 allowing the same Pension that their husbands drew in their lifetime. That the said JAMES BROWN drew $96.00 dollars per annum and she has only drew $80.00 dollars per annum that she now claims the difference between $96.00 and $80.00 per annum from the death of her said husband or the date when she was first pensioned up to the present time being at the rate of Sixteen dollars per annum up to this date. That she is the identical widow of the said JAMES BROWN and further Declares that She is still a widow. Sworn to and subscribed before me this date above. DANIEL GOAD, Justice of the Peace MARY [her X mark] BROWN State of Tennessee, Macon County} Know all men by these presents that I MARY BROWN widow of JAMES BROWN of Macon County State of Tennessee do hereby nominate constitute and appoint ADAM FERGUSSON of Carthage Tennessee my true and lawful attorney for me and in my name and for my benefit to prosecute my claim to an increase of Pension being the difference between eighty dollars per annum and ninety six dollars per annum the amount that my husband JAMES BROWN drew previous to his death and further to receive my Pension certificate when allowed also to establish my claim to any arrears of Pension that I am now entitled to or may hereafter and further to do and perform any act or acts thing or things necessary in and about the premises in as free and simple a manner as if I were present and doing the same in proper person hereby ______ and confessing all and wholesome my said attorney shall do by virtue hereof. Witness my hand and seal this 30th day of April 1849. MARY [her X mark] BROWN Wit: NELSON BROWN, FRANCES BROWN State of Tennessee, Macon County} I DANIEL GOAD one of the acting Justices of the peace in and for said County hereby certify that personally appeared before me MARY BROWN above named and acknowledged the foregoing power of attorney to be her act and deed. In witness whereof...30 April 1849. [Signed] DANIEL GOAD, J.P. [Note: 1850 Sistler's Tennessee Census Index lists: BROWN, Spicer 59, Nelly 47, Nancy 18, Martha 12, Richard 6, NC/VA Smith 775-535 BROWN, Mary 80, Frances 50 VA/SC; Macon 548-355 BROWN, Nelson 35, Caroline 27, John 7, Henry HUNTER 20; TN/TN; Macon 523-352] BROWN, Nelson 42, Mary 41, Henry 20, Green 18, William 16, Sarah E 13, Eliza A 10, Mary A 7, Finis E 1; Montgomery 183-291 ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Mary Lu Nelson Johnson ___________________________________________________________________