12908
North Carolina
JAMES CHEEK
of Orange in the State of North Car. who was a pri. cav. & infty in the company commanded by Captain Allen in the North Car. line for 6 months.

Inscribed on the Roll of North Car. at the rate of 22 Dollars 50 Cents per annum to commence on the 4th day of March, 1831.

Certificate of Pension issued the 17th day of June Hillsboro N.C. and sent P.H. MANGUM Hillsboro N.C.

Revolutionary Claim
Act June 7, 1832

Recorded by Wm. MILLER, Clerk
Book E Vol. 6 Page 36

Declaration, in order to obtain the benefit of the Act of Congress passed 7th June 1832.

On the 31st day of August 1832, personally appeared in open Court before the Court of Pleas and Quarter Sessions for the County aforesaid, James CHEEK of the County and State aforesaid, aged 70 years on the 16th day of August 1832, who was 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 7th 1832 --

That he entered the service of the United States under the following named officers, and served as herein stated. He volunteered into the service in the summer of 1781 just before the capture of Gov. BURKE of No. Ca. by the Tories, for the term of three months. He joined the light Horse company commanded by Capt. Abram ALLEN -- Joseph YOUNG Lieutenant: he volunteered in Orange County, No. Ca -- He was engaged in reconnoitering the Tories in Orange County, & was in the battle at "Kirks" in said County, between the Whigs & Tories [Fn.] -- He served during the term aforesaid & was discharged afterwards in the winter of 1782-83 -- The declarant volunteered again in the County of Orange joined in the militia for three months -- and was attached to the Company commanded by Capt. Jacob RICHARDS at Hillsboro -- and was employed the whole of that term of service in guarding the Town of Hillsboro against the Tories in the vicinity, & the prisoners lodged in Hillsborough -- The declarant hath no discharges. He was born 16th Aug 1762 in Brunswick County State of Virginia -- was moved to Warren or Bute (then) County, North Carolina when a child -- and thence to Orange when about ten years old where he hath resided ever since. He hath no documenting evidence of his services nor doth he know any person or persons whose testimony he can procure, who can testify to his service, except Masting CHEEK and Thomas HORNER whose affidavits accompany this declaration.

He hereby relinquishes any claim whatever to a pension or annuity except the present & declares that his name is not on the pension roll of any agency of any state, so far as he hath knowledge.

James CHEEK Sen

sworn to in open Court.
31st August 1832
J. TAYLOR Clk

The declarant is known to Major John TAYLOR & Docr. James S. SMITH in his neighborhood. Sworn to in open Court.

James CHEEK Sen.

J. TAYLOR C-

State of North Carolina

At a Court of Pleas & Quarter Sessions began & held for the County of Orange at the Courthouse in Hillsborough on 4th Monday in August A.D. 1832 Present the Worshipful Justices of said Court.

James CHEEK a citizen of this County came into open Court and exhibited by his declaration & proofs to entitle him to a pension from the United States under an act of Congress approved 7th June 1832 entitled an Act Supplementary to an Act for the relief of the Officers and Soldiers of the Revolution. The Court having considered the matter contained in said declaration & the proofs in support thereof ordered to be certified as their opinion that the said declaration & proofs in support thereof are entitled to full credit.

I John TAYLOR Clerk of the Court of Pleas & quarter Sessions for Orange County do hereby certify that the foregoing contains the original proceeding of the said court in the matter of the application of James CHEEK for a pension.

In Testimony whereof I have hereto set my hand & seal of office this 31st August AD 1832.

J. TAYLOR, Clerk

William H. MERRITT of the said County & State [??] ordained minister of the Gospel in open Court saith that he hath known James CHEEK the before named applicant for a pension between thirty-five and forty years. That he believes said CHEEK to be about seventy years. That he believes he is a man of credibility. He has no doubt of the truth of his declaration.

W.H. MERRITT
J. TAYLOR, Clerk

And the said Court do hereby declare this opinion, after investigating the matter of the above declaration & certificate & accompanying affidavits 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 certifies that it appears to them, that William H. MERRITT who hath subscribed & sworn to the preceding certificate is a clergyman resident in the County aforesaid -- and is a credible person & that his statement is entitled to credit.

I John TAYLOR Clerk of the Court of Pleas & Quarter Sessions for the County aforesaid do hereby certify that the above contains the original proceedings of said Court, in the matter of the application of James CHEEK for a pension -- witness my hand & seal of office this 28th day of May 1933.

J. TAYLOR, Clerk

North Carolina
I have long known William H. MERRITT the clergyman named within & Thomas HORNER the witness. They are both men of fair & good character and of unquestionable veracity. No man in the community in which they live would command for their statements more trust & credence.

Willie P. MANGUM
May 28th 1833

On the 29th day of August 1832, Mastin CHEEK personally appeared in open Court and made oath that he was well acquainted with James CHEEK during the Revolutionary War and that he the said James CHEEK served a three month Tour in the Revolutionary War under Capt. Abraham ALLEN and Lieutenant YOUNG in the troop of Light Horse the year he does not recollect, But it was about the time the tories took Hillsborough Sworn to the day and date above written.

Masting CHEEK

J. TAYLOR CC

The Justices now holding the Court aforesaid do hereby certify that it appears to them that Masting CHEEK who subscribed sworn to the above within affidavit, is a credible person, & that his statement is entitled to credit.

I, John TAYLOR, Clerk of the Court of Pleas & Quarter Sessions for the County aforesd do hereby certify that the above contains the original proceedings of said Court in the matter of the within affidavit. Witness my hand & seal of Office this the 28th day of May 1833 --

J. TAYLOR Cl.

Thomas HORNER, after having been duly sworn before me, one of the acting Justices of the Peace for the County aforesd maketh oath that he was in the service of the United States in the winter of 1782-'83 with James CHEEK for three months at the Town of Hillsboro N.C. --

Thomas HORNER

Sworn to & subscribed
Augt 31th 1832
James FORREST[?] Esq.[?]

State of North Carolina

I, John TAYLOR Clerk of Orange County Court of Pleas & Quarter Sessions do hereby certify that James FORRIST esq. who witnessed the making of the within affidavit was at that time a duly qualified Justice of the Peace.

In witness whereof I do hereunto set my hand & seal of office 31st Ausut AD 1832

J. TAYLOR CC

The Justices now holding the Court aforesaid hereby certify that it appears to them, that Thomas HORNER, who subscribed & sworn to the within affidavit, is a credible person, & that his statement is entitled to credit.

I, John TAYLOR, Clerk of the Court of Pleas & Quarter Sessions for the County aforesd do hereby certify, that the above contains the original proceedings of said Court in the matter of the affidavit within. Witness my hand & seal of Office this the 28th day of May 1833 --

J. TAYLOR Cl.

BRIEF in the case of James CHEEK of the County of Orange in the State of N.Ca. (Act 7th June, 1832)

1. Was the declaration made before a Court or a Judge? Court

2. If before a Judge, does it appear that the applicant is disabled by bodily injury? [blank]

3. How old is he? 70 years

4. State his service, as directed in the form annexed.

5. In what battles was he engaged? Kirks

6. Where did he reside when he entered the service? Orange Cty.

7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Deposition

8. Are the papers defective as to form or authentication? and if so, in what respect? No clergyman's certificate

I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.

Levin BELT
Examining Clerk