Revolutionary War Pension and Bounty Land Warrant Application File S. 13151, George Gilmore, N.C. Va.
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N.C. Gillmore, George  S.13151
Va.
Born in Va.
carded
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31.030
Alabama
Letter to Hon. D. H. Lewis
22. March 1837
Letter to 3 auditors 21 July 1838, and at the Treasury under the Act of the 6 April 1838 from 4 March 1831 to 4 Sept 1837. agt  notified
George Gilmore of Pike Co in the State of Alabama who was a private in the company commanded by Captain Gilmore of the reg't commanded by Col McAlister in the N. Carolina [?] for six months.
N.C. and V.A. Records completed Jan'y 20/06 &
Inscribed on the Roll of Alabama at the rate of 20 Dollars - cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 22nd day of March 1837- and sent to[?]
D.H. Lewis Present
Arrears to the 4th of March 1837  $120.-
Semi-anl. allowance ending 4 Set. 10
130
Revolutionary Claim
Act June 7, 1832
Recorded by Wm S. Allison Clerk
Book E. 2 Vol. 8 Page 98
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THe State of Alabama & Pike county s.s.
n this 8th day of April A.D. 1834 personally came ( [?] being unable to attend court by reason of bodily infirmity) before me Abram Miles judge of the county court {?] & for said county. George Gilmore now and for ten years last past a resident of said county of Pike and said state aged eighty five 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 was born A. D. 1749 in the State of Virginia near the mountains but in what county he cannot at this time call to mind- That he volunteered as a private soldier A.D. 1774 in the county of Cumberland North Carolina where he then lived with [unreadable] Elijah Lumsdale now of Autauga co. in this state and many others of his neighbors whose  names are not numbered under Captain Hugh Gilmore and Col McAlister- That some time after he joined the army under General Nathaniel Green - that he was in the battle of the Cowpens & the battle of ninety six - That on his first tour he served six months - That at other times he served under Major David Dove and Col Thos Mathews - that he served many times during the space of five or six years at different lengths of time at the several units varying from one to nine months-that during his services he was in Virginia, North Carolina& South Carolina - that he recollects the officers above mentioned & the fact of having served under them in the states aforesaid- but at what particular times her served under said officers or in said states, he (from loss of memory by reason of old age and great bodily infirmity) can by no means distinctly remember - But that he distinctly recollects what he was engaged in the revolutionary war during a space of five or six years at different times- He always volunteered when called on or the presence of the English or tories  [?] [?] his assistance to repel them & that he remembered under his respective officers as long as each respective time as his services were required - that he was in several other skirmishes (besides the battle before mentioned) with the tories & English but that his memory as to particulars has so extremely failed. he can give no correct chronological account of them - that he
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served as a private soldier & a volunteer & that during the times of his said services he was not engaged in any civil pursuit and that he knows of no person [3 words] now living in his county or vicinity who can testify to the services before mentioned - and the said George Gilmore further declares on oath as aforesaid that he hath no record of his age - that he was living as before state when called into service in Cumberland co No. Carolina - that he moved to Wilkes county Georgia shortly after the revolutionary war - that he resided in Georgia untill removing to said county of Pike about then and twelve years of where he now lives - that he never received any discharge inwriting from the service thinking it would be of no benefit & that he held no commission - That he is known to Jesse T. Reeves,  James Cadenhead a clergyman & the said Judge Miles all his neighbors who can testify to his character for veracity & their belief of his services as a soldier of the Revolution. The said George Gilmore also hereby relinquishes every claim whatever to a person or an annuity except the present & he declares that his name is not on the pension role of any agency or any state. Sworn to & subscribed on the day & year aforesaid before me
[left side of page] A. Miles I.P.C.C.
[right side of page] his
George X Gilmore
mark

I Abram Miles judge of the county court as
before
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Alabama
Pike
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said Jefferson Buford who certifies the foregoing affidavit is & was then an acting justice of the peace in & for said County and that the foregoing together with the answers hereafter following contain the original proceedings [crossed out: of] before the said Judge (who then was & still is judge as aforesaid) the matter of the application of the said George Gilmore for a pension.
 
[crossed out: In testimony whereof, I have hereunto set my hand & private seal having my seal of office this 4th day of April AD 1832]

I further certify ^that the signature of said Burford [crossed out: handwritten seal] to said affidavit is his genuine signature & that the [crossed out: three] threse several signatures of said Judge Miles here appearing are all & each his genuine signatures. Given under my hand & private seal there being no seal of office this 8th day Apl AD 1834
John C. Curtis Clerk [handwritten seal]

Answers
The said George Gilmore on oath 
Answers
1st that he was born in Virginia near the mountains in the year of christ 1749. 
2. that the record of his age was burnt 
3rd  that when called into service he was living in Cumberland County North Carlina - after peace he settled in Georgia & now lives in Pike County Alabama 
4th was called into service A.D. 1774 as a volunteer & private soldier - he was not a substitute
5. Capt Hugh Gilmore, Col McAllister, Genl Nath Greene, Maj David Love Col Thos Mathew dont recollect the regiments, served frequently at different times [footnote symbol] -  was in battle Cowpens & ninety six 
6. recd no discharge 
7. Abram Miles Jesse T Reeves & Jas Cadenhead 
Sworn to & signed his before me 8th Apl 1854 A Mills JPCC
George Gilmore his mark X

[footnote] first tour served six months - see statement
[left margin vertical]
Hon D.H. Lewis
AR
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Rev War 13151
INVALID
File No. 13151
George Gilmore
Priv Rev War

Act: June 7th 1832
Indes: - Vol. 1, Page 142

Arrangement of 1870
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The State of Alabama
Lowndes County

I Dixon H Lewis do certify that I represent Pike County in the State of Alabama in the Country of the United States - that John D. Curtis is now and was in the 8th of April 1834 the Clerk of the County Court of said County & that to the best of my belief the signature of said John D. Curtis in the within papers is genuine & was executed as it purports by him.
Nov 14, 1836       
D H Lewis
M.C.
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Wm Hill
dec by of State 
Raleigh
$20 per ann.
Hon. D.H. Lewis, 
Present
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War Department
Pension Office
December 5, 1836

Sir: The declaration of George Gilmore has been examined, and it is herewith determined to you. He alleges a tour of six months in 1774, as a militia man of N. Carolina and that sometime after he joined the army under General Green and that he served as much as nine months in one tour. Service in 1774 is not provided for in the act of 7 June 1832; nor were there any tours so long as six, or nine months. No part of his alleged service has been specified as required by the enclosed printed regulations. Unless he can comply with the regulations in specifying his tours of active service, he cannot be allowed a pension for more than $20 per annum, which is for six months service. 
I also enclose Judge Miles's letter to you.
I am respectfully, 
your Obt servant J L Edwards

Hon D. H. Lewis,
House of Representatives
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Honorable Dickson H. Lewis
Lowndes Borough
AL
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Monticello Pike Co. 6th September 1836

Hon...ble Dickson H. Lewis
Sir:
I take the liberty to call your attention to the interest of my old acquaintance and neighbor for many years, Mr. George Gilmore [?] now in the 88th year of his age. Who acted an Honorable [?] in the Revolutionary War as a soldier. His claim having once mad and [?] forwarded. for his [?] can which I think he very justly [?] and his account being something short of the Act of Congress for obtaining pensions have presented his [?] for lack of the Clerk of the County or circuit county certifiable. and a member of Congress from this [?] in which this affadavit - [?] certify that
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presumed that you might not know who is the Clerk of our Court. Col. Curtis have acted as Clerk under my direction as Judge of the County Court for nearly three years 
I beg you to accept assurance of my very high consideration and Esteem
A.Miles J.C.C.
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Raleigh 4th January 1837
Dixon H. Lewis Esqr.
Sir
Your letter of the 29th  [?] is received , and I have carefully examined the rolls of the revolutionary officers and soldiers of the Continental line of this state for the name of Geo. Gilmore, but do not find it there. I have no rolls of the militia of this state who served in said war and suppose Mr. Gilmore served in that capacity. 
Very respectfully, your obt servt, Wm Hill
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Treasury Department
Second Comptroller's Office,
July 25, 1838.
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, " George Gilmore a Pensioner on the Roll of the Mobile, Alabama Agency, at the rate of twenty Dollars and "_____" cents per annum, under the law of the 7th June 1832 has been paid at this Department, from the 4th of March 1831 to the 4th Sept, 1837.
Respectfully, yours,
Albion K. Parris
Comptroller
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George Gillmore
papers sent to 
Sec'ty of State of N.C. - Dec 29th
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DEPARTMENT OF WAR,
Pension Office, June 27, 1832
The following regulations have been adopted by the Secretary of War, for carrying into effect the Act of Congress, passed June 7, 1832, entitled "An Act supplementary to an 'Act for the relief of the surviving officers and soldiers of the 
Revolution ' ".
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.
Four general classes of cases are embraced in the 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, County of
On this___day of____personally appeared (a) the_____of 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 ____(c) regiment of the ____ line, under the following named officers:
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__________.
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 receive detailed instructions, respecting the nature and form of the testimony they must produce, to secure their being placed on the Pension roll, (vide note j.) As the presumption will, in such cases, be against the applicants, in consequence of the omission of their names in the muster rolls, they will be required to furnish, as near as may be, the same evidence as has heretofore been required, by the Regulations and practice adopting for carrying into effect the act of Congress, of March 18, 1818, and the acts supplementary thereto; with such relaxations as have been from time to time sanctioned by the Department, on account of the on account of the rapid decrease of the survivors of the Revolutionary army, and the consequent difficulty of procuring direct positive testimony in every case.
Wherever an officer or non-commissioned officer is now in the receipt of a pension, he should make application if entitled to the benefits of this act, by letter merely, setting forth his rank, and the regiment, corps or vessel, in which he served, and his present place of residence. His pension certificate must accompany his letter.
In those cases where the applicants have once been on the pension roll, under the act of March 18, 1818, and have been dropped therefrom on account of property, or for any other reason, or where application has been made under the act of May 15th, 1828, and the evidence of service is in the Departments, or having made application and proof of service, and having been rejected, instead of the above declaration they will make a statement, setting forth, under oath, their having been previously on the pension roll, and their having been struck from the same, showing their rank, the regiment, corps , or vessel, in which they served, their present place of residence, and their place of s=residence when the first application was made or  their application under the act of 15th May, 1828.
1. In a case where a claimant may make personal application at the Department, and can produce satisfactory proof of service, and of his identity also, at the seat of Government, he may make his declaration before a justice of the peace. 
2. The case of the State troops, volunteers, and militia is different. There are in the Department no rolls of the State troops, except those of Virginia; and no rolls of the militia, except those of New Hampshire.
Applicatns who served in the State troops of Virginia, and applicants who served in the militia of New Hampshire, will be required to produce the same proof as is prescribed for those who served upon the Continental Establishment. But, with respect to the other State troops and militia, there is no record to advert to, and no presumption to be rebutted. The nature of the case, therefore, demands a different rule of proceeding.
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State, Territory or, District of
County of
On this_____ day of_____ personally (a) appeared in open Court, before the Court of ____now sitting, A. B. a resident (b) of ____ in the County of ____ and 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 state:
[Here set forth the names and rank of the Field and Company officers; the day (if possible) and the month and year (d) when the claimant entered the service and the tie when he left the same: (and if under more than one engagement, he must specify the particular periods, and the rank and names of his officers;) the town, and county or State, in which he resided, when he entered the service; whether he was drafted was volunteer or a substitute; the battles, if any, in which he was engaged; the country through which he marched, the continental regiments or companies with which he served; and the names of some of the Regular Officers whom he knew, together with such further particulars (c) as may be useful in the  investigation of his claim; and also, if the facts be so, that he has no documentary evidence, and that he knows of no person whose testimony he can procure, who can testify to his service.]
He hereby relinquishes (f) 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, or (if any) only on that of the Agency of the State of____
Sworn to and subscribed the day and year aforesaid.
And the will be annexed the following certificate:          C.D.
We, A. B., a Clergyman, residing in the ____ and C.D. residing in (the same) hereby 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, (g) 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 entitle to credit.
I, ____Clerk(h) 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 (i) ____of office, this___ day of _____& c.
The form of the proceedings and of the certificates will be so varied, as to meet the case, when the declaration is made out of Court, before a Judge, as heretofore provided for.
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 service 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 interrogatories(m) 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?
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 service.
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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, (k) 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. To require from the applicant's positive proof of service from a temporary survivor would, after the lapse of so many years, be to deprive many of them of the benefit of the law. And as no presumptions is raised against the Militia by the existence of rolls in the Department, there is no good reason why this requisition should be extended to them. On the other hand, to receive the declaration of the parties, as a sufficient ground for placing them upon the Pension Roll, without corroborating circumstances, would be to open the Treasury to great frauds. A just medium seem to present the best rule for carrying into effect the objects of Congress. 
If the two persons whose certificates are required, cannot be produced in Court, without too much inconvenience and expense to the applicant, then the statement of the facts and opinions, above mentioned, will be made under oath before some Judge or Justice of the Peace, and the certificate of the Court to the situation and credibility of the persons making the statement will be given.
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 Justic 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 a 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.
3. Persons serving in the Marine forces.
4. Indian Spies.
Each of these two latter classes of cases will produce proof, as nearly as may be, conformably to the preceding regulations, and authenticated in a similar manner, with such variations as the different nature of the service may require.
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 declarations 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, & e. 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 the 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. I t 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 a garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
(f) This 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 of 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 the 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) 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.