Revolutionary War Pension and Bounty Land Warrant Application File S. 33,95, John Gibson, N.C.
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Service 
h. b.
Gibson, John
Number S 3395
Born in N.C.
CONTENTS
barded
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26.614
John Gibson
Smith Co. Tennessee

from 1778 private
9m. & 3 days
$30.33/100
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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 show what is necessary to be done. These 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, showing the Service of John Gibson [chart]
(1) Period when the service was rendered | (2) Duration of the claimant's service | (3) Rank of the claimant | (4) Names and rank of the Field officers under whom he served. | (5) Age at present, and place of abode when he entered the service | (6) Proof by which the declaration is supported
(1) Oct 1778 | (2) 5 months | (3) Pr | (4) Col. Nelson Col. Locke | (5) 73 N.C. | (6) [illegible] of witness.
(1) Feb 1781 | (2) 1 month, 19 days. | (3) Pr | (4) Col. Cooke | (6) Witness met [illegible] tied to the [illegible] after latter sent of notes.
(1) Autn 1781 | (2) 2 months, 14 days | (3) Pr (4) Col. Gillabi
(1) [illegible] 1781 | (2) 9 months, 3 days | (4) Col. Maist
[end chart]
I am respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions
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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, mucicians 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 }
County of } ss.
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 or 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 of 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 witnesses 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
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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 traditionary 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 inquiry 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 element 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 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 traditionary 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.
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State of Tennessee
Lincoln County}
On this 16 day of July in the year of our Lord 1833 personally appeared in [illegible] Court before John Lanier. Samuel Todd and Wm F. Smith Justices now sitting. John Gibson, a resident of Lincoln County and State of Tennessee, aged about seventy three years, who being lived duly sworn, according to Law, doth on his oath make the following declaration in order to claim the benefit of the act of Congress [illegible] June 7th, 1832 following named officers and served as herein stated, for five months, and did serve what term in the militia as appropriate under the command of Captain John Nelson of Gilford County and State of North Carolina, his company and guarded at Guilford Court house, marched from there to the town of Salisbury in Rowan County. [illegible]; thence to Camden in South Carolina. Thence through that state to the Savannah river adjoining the state of Georgia. College Locke commanded the regiment of which his company was a part. He believed that Gen. Rutherford was lord in command of the North Carolina militia, the forces of which he was a member, were encamped at a place called the Black Swamp in South Carolina when his term of service expired. In the early part of February 1781, he volunteered his services and joined a company of horsemen, commanded by Capt. Thomas Cook of Guilford County. He was marched into Pittsylvania County on Dan River Virginia in order to join the troops under the command of Gen'l Green. They were subsequently marched back to Guilford County and with such other horsemen as were citizens of Guilford County, was attached to the commissary department, and was employed in collecting cattle for the use of the army. On the day of the Battle of Guilford Court House, between the armies commanded by Gen. Green (Americans) and the British commanded by Lord Cornwallace, he served to the best of recollection at this time a period of not less than seven weeks; It was the last of a august or early in september 1781, he volunteered again.
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joined a company of horsemen commanded by Capt. Daniel Galispie, Col. James Martin of Surry County North Carolina Commandment, they marched towards the south boundary of n.c. near the Raft swamps. drowning creek in pursuit of Tories who it was mentioned had there secreted themselves, Here; it proving impracticable to ferret the Tories out, this declarant obtained a fun laugh from Col. Martin to return home with an injunction again to join his company as [illegible], in obedience to this order, he in a four days thereafter aimed to rejoin his comrades; but while on his way; for that purpose he met Col. Peasley at Guilford Court House who informed this declarant that the Tories were embodied in Deer River in Randolph and Chatham Counties in such [illegible] as to render his [illegible] to his regiment extremely dangerous, unsafe and uncertain; aft the suggestion of Col. Peasley in his new first Col. of the Guilford militia. This declarant relinquished the idea of rejoining Capt. Galispie & Col. Martin; and volunteered under Col. Peasley who attached him to a company commanded by Capt. John May of the County of Guilford. In the course of one week COl. Peasley having assembled such troops as was found to be practicable, they, and this declarant, were marched into Randolph and Chatham Counties to suppress the Tories. There, then back to Guilford Court House and were [illegible]: at this time he was in service to the best of his recollection a period of not less than two months and two weeks. And here ended his service in the Revolutionary War - he having served in all to the best of his remembrance, a period of not less than two months and one week. The only documentary evidence he has or can obtain is the annexed affidavit of James Cotton, who is the only living witness to any portion of his services in his power. To procure the new form in Orange County, North Carolina as he was informed by his parents on the 16th of Septr. 1780 his father caused the the ages of his children to be recorded in the Family Bible and a copy of this is the only record of his age
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he has, he was raised to manhood in Guilford County N.C. at which place he entered the service as before stated - and where he continued to reside until 1805, at which period he removed to Davidson County Tennessee. He resided in that county until 1809, when he located himself and family in Lincoln County, Tennessee where he has continued to reside ever since; he never received any written discharge; 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 day and year aforesaid.
John Gibson

We, Ebenezer McEwan, a clergyman residing. in the county of Lincoln and state of Tennessee and James Bright, residing in the county and state aforesaid, hereby certify that we are well acquainted with John Gibson who has subscribed and sworn to the foregoing declaration that we believe him to be about seventy three years of age; that he is reputed and believed in the neighbourhood where he resides, to have have been a soldier of the revolution and that we concur in that opinion; sworn to and subscribed the day and year aforesaid. And the said court already declared their opinion after the investigation of the matter and after putting the interrogatory 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 Ebenezer McEwan who has signed the preceding certificate is a clergyman resident in the county of Lincoln and state of Tennessee and that James Bright who has also signed the same is a resident in the county and state aforesaid and is a credible person and that their statements are entitled to credit.
Samuel Todd     Will F Smith       John Janin
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I, Francis L. Kincannon, clerk of the county of Lincoln Tennessee do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of John Gibson for a pension in testimony whereof. I have hereunto set my hand and seal of office this 16th day of July in the year of our lord 1833.
Francis L. Kincannon clerk
of the County Court of Lincoln
County Tennessee 

26.614
John Gibson

Fayetteville P.O.
Tennessee
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23254
[illegible] Tennessee
John Gibson
[illegible] in the state of Tennessee who was a private in the [illegible] commanded by Captain Nelson of the 24th commanded by Col. Lock in the Martin line for 9 months and 3 days

Inscribed on the Roll of [illegible] the [illegible] of 30 Dollars 33 cents per annum. commence on the 4th day of March 1831.

Certificate of Pension issued the 17 day of Dec. 1833 and Francis L. Kincannon Fayetteville

Assess to the 4th of Sept 75.83
Semi-anl. allowance ending March 13.77
$91.00
{Revolutionary Claim,
Act June 7, 1832}
Recorded by Danl Boyd Clerk
Book 6 Vol. 7 Page 79
26 614

Date of death each as A.B.
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April 23, 1931
Mrs. A. S. Bowen Rev.& 1812 Wars Section
Chickamauga         AWF:MLB
Georgia

Dear Madam:
You are advised that it appears from the papers in the Revolutionary War pension claim, S. 3395, that John Gibson was born September 16, 1760 in Orange County, North Carolina.
While residing in Guilford County, North Carolina, he served with the North Carolina troops, as follows:
From October, 1778, five months as private in Captain John Nelson's company, Colonel Locke's regiment; from February, 1781, seven weeks in a company of horsemen, under Captain Thomas Cook, and was employed in collecting cattle for the Army; from August or September, 1781, two months and two weeks in Captains Daniel Galispie's and John May's companies under Colonels James Martin and Paisley, and was out against the Tories.
The solider resided in Guilford County, North Carolina until 1805, when he moved to Davidson County, Tennessee, when he moved to Davidson County, Tennessee, where he resided until 1809, when he "located himself and family in Lincoln County, Tennessee".
He was allowed pension on his application executed July 16, 1833, at which time he was living in Lincoln County, Tennessee.
There are no further data as to family/
Very truly yours
E. W. Morgan
Acting Commissioner
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3395
INVALID.
Rev War
File No. 3395
John Gibson
Pri N.C. line
Act: June 7, 1832
Index:-Vol. A, Page 141
[Arrangement of 1870]
1931-apr-23-[illegible] to mrs. A. J. [illegible]
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State of Alabama
Madison County}
Personally aforesaid before me Thomas W. Scott as an acting Justice of the Peace in and of said county James Cotton, who being duly sworn [illegible] and saith that before and during the Revolutionary War he was well acquainted with a man by the name of John Gibson both of us being inhabitant of Guilford County in the state of North Carolina. I was an enlisted soldier in their home and in 1781 was attached to a company of horse under the command of Capt John May of said county and state, the service of which company was rendered in [illegible] the forces in the counties of Randolph and Chatham. Col. John Pauley was the commandant of said troop, during which tour of duty I do hereby certify that the above named John Gibson belonged to said company as a volunteer and performed duty free of censure - and after his service as a volunteer was at an end he then said Gibson was dismissed at Guilford Court House. Co. William O Neale had also some command in said troop - and further state that I am now about sixty seven years of age and Mr. Gibson is some six or seven years older than [illegible] & now resides in Lincoln County state of Tennessee.
James Cotton
Sworn to and subscribed 
before me the 16th day of March 1833.
T.W. Scott [illegibile]
State of Alabama
Madison County} I Richard B. Purdom [illegible] of [illegible] county court house of said county do certify that Thomas W. Scott
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before whom this foregoing affidavit by James Cotton is an [illegible] in [illegible] and was at the [illegible] of Mr. [illegible] a [illegible] of Mr. [illegible] a Justice of the Peace [illegible] for said county, duly commissioned as such and that full faith and credit are due to all his official acts.
In January [illegible] and affix the [illegible] of said county court, at [illegible], in [illegible] with. This second day of [illegible] eighteen hundred and thirty three [illegible] of American [illegible]
Rich B. Purdom
State of Alabama
Madein County}
I, Thomas W. Scott, an acting justice of the peace in and for the county aforesaid and before whom the within affidavit of James Cotton was taken do hereby certify that he is considered by me to be a creditable witness and is entitled to [illegible] credit and confidence - [illegible] under my hand and seal This 29th day of October 1833.
Tho W. Scott JP. Seal
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Chickamauga. Georgia.
March 16, 1931
Pension Bureau.
Washington , D.C.
Gentlemen,
Ia am writing to inquire if you have records of Pension being granted or revolutionary servicet to John Gibson and Stephen Clayton.
Their service was in North Carolina.
John Gibson was married in Virginia to Margaret Joyce. After Rev. war he lived in Bedford County Tenn. and was living in Lincoln County , Tenn, ( made from Bedford ) in 1840
He died in 1844.
Stephen Clayton served in Rev. war with North Carolina troops. After the war , he went to Bedford County , Tenn , , the part that was afterwards cut off in to Marshall Co. where he remained until death .
North Carolina granted to their soldiers land , located in Bedford County.
Any records pertaining to these men desired.
Very Truly, 
mrs. A.S. Bowen
Mrs. A.S. Bowen