Revolutionary War Pension and Bounty Land Warrant Application File R. 3999, Samuel Gibson, Ga.
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(3-1776)
SERVICE 
Ga. 
Gibson, Samuel 
NUMBER 
R 3999
CONTENTS
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27 358

Samuel Gibson
Alabama

Disallowed, Waggoner
State Service

Hon Gabriel Moore 
Huntsville
Alabama
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War Department 
Pension Office
28th Oct 1833
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 regulations will show 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, showing the service of Samuel Gibson 
Period when the service was rendered: 1780
Duration of claimant’s service: blank
Rank of the claimant: blank
Names and rank of the field officers under whom he served.
Cap. Lucas
Maj. Habersham.
Age at present, and place of abode when entered service: blank
Proof by which the declaration is supported: blank.
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 enacted 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, or who volunteered and who were bound to military service, but those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Quarter Masters, &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 wherein such applicant resides. And every court having law 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) before
 A, B. a resident  (b) of __  in the 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; (if he served under more than one term of enlistment, he must specify the particular period, and rank and 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 county 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) whatsoever 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 that 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 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 same _ 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 to and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]

And the said Court do hereby declare, after the investigation of the matter, and after examining 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 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 said Court 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 to 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, therefore, either 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 yon volunteer, or were you a substitute? Anti if a substitute, for whom? 
5. State the names of some or 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 vow character for veracity, and their belief of your services us 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, it the same can be done, in the opinion of the Court, without too touch 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 are 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 twill execute the duties which the Court is herein requested to perform, and will also certify, that the applicant cannot, limn 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 or 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 ge mine signature. No payments can be made on account of the services of any person, who may have died before the taknia etfeet of the act of June 7, 1832; and in case of dea h subsequent thereto, and before the declaratinn het tin requi•ed is made, the patties interested will transmit such evidence as they can pro-cure, taken mid duthenticated before a Court of Record, showing the services of the deceased, the period of his di-a th, 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.
The declarant must mention the period or periods of the war when he served.
(d) 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—;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, etc. 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 an
Proof of Service
(j) in a case where the name of the applicant is not found on his or 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 with 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
not 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.
I
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Declaration in order to obtain the benefit of the act of congress passed  June 7th 1832.
The state of Alabama
Marengo County }
Circuit Court
September 1832
On this 14th day of September 1832 person ably appeared in open court before the Hon. [honorable] Anderson Crenshaw Judge of the circuit Court of Marengo now sitting.  Samuel Gibson a resident of the County of Marengo and State of Alabama age 82 (eighty two years old) 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 the 7th June 1832.

I entered the service of the United States under the following named officers and served as [strike through “follows”]  herein stated. I enlisted int he state troops under Major John Haversham of Georgia under Captain Andrew Issing. I enlisted for two years or during the war.  Near Savannah I entered the service in the year seventeen hundred and eighty to the best of my recollection and in the spring of the year. I left the service [strike through “in about”] at the conclusion of the year. I was in no engagement but was a waggoneer and drove the public teams during my time of service. I resided in the County of [illegible] when I enlisted and state of Georgia. Was discharged by General Quins proclamation
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I volunteered under Captain William Little in 1779 to the best of my recollection for three months and went to Savannah. Previous to which time I was drafted in what was called the Florida expedition under Lieutenant John  McKnulz and went into Florida.  We marched down Ogechee to Spring Garden where we rendezvoused and were commanded by Governor Houston of the state of Georgia.
When I enlisted in the states troops I knew Captain Gill ,Colonel  Gunn of the cavalry regulars and general Anthony Wayne.
I have no documentary evidence nor do I know of any person now living whose testimony I can procure who can testify to my service.  
I hereby relinquish my claims whatever to a pension or annuity except the present and hereby declare that my name is not on the pension roll of the agency of any state.
Sworn to and subscribed this day and year aforesaid. [signed] Samuel Gibson
Sworn and subscribed in open court this
14th September 1832
[signed] Thomas Ringgold Clerk

We George Cunningham and Thomas Adams of the state of Alabama and county of Marengo residing in the same hereby testify that we are well acquainted with Samuel Gibson who has subscribed and sworn to the above declaration that he believes
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him to be upwards of eighty years of age that he is respected and likened in the neighborhood where he resides to have been a soldier of the revolution and that he concurs in that opinion.

Sworn and subscribed the day and year aforesaid 
Sworn and subscribed in open court 
14th September 1832 
Thomas Ringgold clerk
[signatures]Geo Cunningham Thomas Adams

and the said court do hereby declare this opinion after the investigation of this matter and after putting the interrogatories prescribed by the said parties that the above named applicant was a revolutionary soldier and served as he states and the court further certifies that it appears to them this George Cunningham and Thomas Adams who have signed the preceding certificate are residents of the County of Marengo are credible persons and thus their statement is entitled to count.
[signed] Anderson Crenshaw
Judge presiding

I Thomas Ringgold, clerk of the circuit court of the county of Marengo and state of Alabama do hereby certify that the foregoing  contains the original proceedings of the said court in the matter of the application of Samuel Gibson for a pension. In testifying whereof  I have hereunto set my hand. In testimony whereof I have hereunto set my hand and private seal, here being [illegible] seal of our court, although a court of record, this fourteenth day of September AD eighteen hundred and thirty two and 57th of [illegible]
Attest Thomas Ringgold Clerk ["seal" with circle around the word]
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OW Ref
#3999

Declaration of Samuel Gibson
to the United States for pension
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Recd. 28 Dec 1831.					2001.
The state of Alabama 
Marengo County}
15th March 1831

For the purpose of attaining the benefit of an act for the relief of certain surviving  and soldiers of the army of the revolution approved on the 15th day of May 1820 I Samuel Gibson of the state and county above written so hereby declare that I enlisted in the continental line of the army of the revolution for two years or during the ^war in the year [“1779” strike through] 1780 -81 or so ^as a private soldier but cannot now say which but continued in the army until discharge by Genl. Green proclamation. I have been uniformly a friend to my country. I continued my service before I was of age to Savannah when the British came to Five Fathom Hole. I was also drafted and sent on the Florida Expedition. I was in about all the parties after the Indians. I was taken prisoner by the Tories and taken to Savannah and as soon as I could I ran away and enlisted as above stated for two years doing the war.  Under Major Habersham Capt. Lewis  [illegible] the number of the regiment not recollected but did appear in the war department (all in the state of Georgia)

I further declare that I was not on the fifteenth day of March 1828 on the pension list of the United States, that I have never received any
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pay for my services that i am now 80 years of age and in indigent circumstances that I have resided fourteen years in the state of Alabama. that I am a native of Ireland but emigrated to Georgia at 8 or 10 years of age where I have resided ever since until my removal to this state all of which I do hereby testify witness my hand and seal the day above written.  [signed] Samuel Gibson

Before me B P Whitlow a justice of the peace for the county of Marengo and 
State of Alabama personally appeared this day Samuel Gibson an aged man of said county and made oath to this above declaration in due form of Law and also George Cunningham, James P Hayesworth Who also maketh oath that the said Samuel Gibson is a man of good reputation ^in indigent circumstances and generally likened to have a been a revolutionary soldier and that he is a man who is to be believed on oath. Witness my hand this 15th March 1811 at [illegible] the seat of justice in Marengo County Alabama
[signed] Geo Cunningham 
James P Hayseworth

Sworn to and subscribed before me this 15th day of March 1831 
[signed] B P Whitlow ["seal" with circle drawn around word]
Justice of the Peace
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I Thomas Ringgold Clerk of this circuit court of the County of Marengo do certify that B P Whitlow before home the foregoing affidavits were sworn was at the time an acting justice of the peace and duly empowered to administer oaths

In testimony whereof I have hereunto set my hand and private seal (thus being a seal of office) Clerk office at Linden the (the 16th March 1831) sixteenth day of March in the year of our Lord one thousand eight hundred and thirty one and 55th of [illegible]
[signed] Thomas Ringgold Clerk [“seal” with circle drawn around the word]
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3999.
P.O. Samuel Gibson
Service: [blank]
Enlisted: 
Discharged: 
Printed List of 1852 Rejected
and suspended Claims shows
following cause of rejection:
"Served as a Wagoner in the
the state service"
Application filed: [blank], 18
[illegible]:
Re-enlisted: [blank]
Attorney: [blank]
P.O.: [blank]
Recognized.
[blank] Contract.
[blank] Cert. of Dis.
Searched for [blank],18
18
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Samuel Gibson, Ala 
Act 7 June 1832 
Marengo, Co.
Rejected 
See letter 28th Oct 1833 
Hon Gabriel Moore 
Huntsville
Alabama 
3999
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Huntsville April 14th 1833

Dear Sir

I herewith send you enclosed
the declaration of Saml. Gibson made
in order to obtain a Pension in conformity
to the act of June 1832 - Be so good
as to give me as early information
concerning the application as may
be convenient

I am his most respectfully
yours Oct. 6
Gabriel Moore [signature]

J.L.Edwards Esq.
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Revolutio [DAMAGED DOCUMENT]

TREASURY DEPARTMENT
29 Dec 1851

Samuel Gibson of [blank] in the county of
Marengo in the State of Alabama has applied to the Secretary of the Treasury for the benefits of the act, entitled "An act for the relief of certain surviving officers and soldiers of the Revolution," approved the 15th of May, 1828. He states that he enlisted in the Continental line of the army of the Revolution, for and during the war, and continued until its termination, at which period he was a Private in captain Lucas's company, in Major Habersham's regiment of the Georgia line; and that he received a certificate for the reward of eighty dollars, provided by the resolve of the 15th of May, 1778; and further, that he was not on the 15th day of May, 1828, on the pension list of the United States, and that he has received as a pensioner since the 3d of March, 1826, nothing

The Third Auditor is requested to report how far the several statements are corroborated by the records in his office.
By Order of the Secretary.
F. A. Dickins

Ref. File No
3,999
OK

TREASURY DEPARTMENT,
THIRD AUDITOR'S OFFICE,
30th December 1831

[ STRUCK OUT\\\... It appears by the records in this office, that a certificate for the reward of eighty dollars has been issued to     in the \\\END OF STRUCK TEXT]

It further appears that Samuel Gibson is not now on the pension list of any agency, and has not been so since the 3d March 1826

If any certificates were issued to the soldiers of the 
Georgia line, for the gratuity of Eighty Dollars
I have no information which would enable me to refer to them-

Peter Hagner And.
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Dept. Bounty Land Office
Jan 16th 1832

This office [missing portion - damage]  of the names of the soldiers
of the Georgia [missing portion - damage] uired the right to bounty lands
from the [missing portion - damage] does not appear from the records
in this office [missing portion - damage] a land warrant was issued in the
name of Samuel Gibson, a Private of the Georgia line.

[ signed] Wm Gordon