Revolutionary War Pension and Bounty Land Warrant Application File R. 10,760, Reuben Turner, N.C.
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N.C.

Turner, Reuben

R. 10,760

Born in N.C.
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State of Georgia
Couty of Burke
On this twentieth day of May - 1833
Personally appeared before the Inferior Court of the county aforesaid when sitting as a Court of Ordinary, Reuben Turner, a resident of said County and State, who first being 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 drafted, in the year 1776, under Captain Stinger McIllane, and in the same year entered the service of the United States as a private, under the Captain aforesaid, for the term of five months served under Col. William Carswell, manly six months in the Southern Army under Genl Ash was at the Battle of Brier Creek, when Gen Ash was defeated. He was drafted in the County of Dobbs, State of North Carolina, Marched through South Carolina, served the whole time as a private. 

1. He was born in the County of Dobbs, State of North Carolina in the year of 1757.
2. He has no record of his age
3. When called into service he lived in Dobbs County North Carolina, for a short time immediately after the Revolution he resided in Tennessee, but for thirty five years last past he has resided in the County of Burke and State of Gerorgia.
4. He was drafted as a provate and served 3 and a half months as a private.
5. He knew Col. William, Col. Alston, Capt. John King of Col. Alstons Regiment and served with them under Gen Ash and Genl Bryan
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6. He recieved a discharge in Dobbs County North Carolina where he was discharged , in writing, and believes that it was signed Col. William Carswell, but from the great length of time and loss of memory he can can not say with certaninty, by whom it was signed it has long since been lost. 

I am known to my brother Henry Turner who resides in the County of Burke, and so in Augustin Wilson who resides in County of Washington, and State of Georgia, and they knew me in the army and can testify to my service. 

He hereby relinquishes every claim whatever, except the present, and he declares that his name is not on the Pension Roll of any agency of any state.

Sworn to and subscribed 
Reuben Turner
the day and year aforesaid
J.G. Baduly Clk
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We Joseph Polhill of Richmond County and Joshua Key Clergyman residing in the county of Burke and Richmond and William P. Taylor and Able Lewis residing in the county of Burke, hereby certify that we are well acquainted with Reuben Turner, who had subscribed and sworn to the foregoing declaration, that we believe him to be 76 years of age, that he is respected 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

Abel Lewis, Joshua Key, William P. Taylor, Joseph Polhill, J.G. Baduly

Henry Turner a resident planter of Burke and State personally appeared in open court, and being duly sworn saith that he knows of his own knowledge that Reuben Turner who has subscribed the foregoing declaration, did enter the Service of the United States, as a drafted Soldier in the County of Dobbs, State of North Carolina, in the year 1777, as near as this deponent can remember the date, and that said Reuben Turner served about five months and a half under Captain Stringer Mcillvane, and he was in the army and under Genl. Ash at the defeat of Ash at Briar Creek, in Scriven County, Georgia this his deponent is aged 74 years and was born in the County of Dobbs, State of North Carolina.

Sworn to and subscribed
the day and year aforesaid

Henry Turner
J.G. Baduly
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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 aforenamed applicant was a Soldier of the Revolution, and served as he stated. And the Court further certifies that it appears to them that Joseph Polhill of Richmond County and Joshua Key who has signed the preceeding certificate is a clergyman, resident in the County of Richmond and Burke and that Abel Lewis and William P. Taylor who has also signed the same is a resident in the County of Burke and is a credible person, and that their statement is entitled to credit.

I, John G. Baduly, Clerk of the Court of Ordinary of the County of Burke and State of Georgia, do hereby certify, that the foregoing contains the original proceedings in the matter of the application of Reuben Turner, for a pension, had in said court.

 In testimony wherof I have hereunto set my hand and seal of office this 20th day of May 1833.
J.G. Baduly
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State of Georgia
Washington County

Personally appeared before me Augustine Wilson a citizen of the county and state aforesaid formally a citizen of the county of Dobbs in the State of North Carolina aged about seventy eight years who being duly sworn said that he was formally and now is personally acquainted with Reuben Turner of the county of Burke and state of Georgia and that this [cannot decipher] states that upon his own personal knowledge that the said Reuben Turner did only the service of the limited states as a drafted [cannot decipher] Capt. Stringer McElwain in Col. William [cannot decipher] Regt. and that he served under Genl. Ash and that he served five months and that the said Reuben Turner entered the service in the county of Dobbs, North Carolina and that he was at the Battle of Briar Creek in the state of Georgia while Genl. Ash was defeated.

Sworn to before me
12th day of May 1833

Silas Floyd
Augustin Wilson
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Georgia Washington County

I Silas Floyd a Justice of the Superior Court for said county do hereby certify that Augustine Wilson of said county is a credible person and entitled to be believed on [cannot decipher]



I certify that I am acquainted with Silas Floyd who had [cannot decipher] the above certificate that I know him to be a Justice of the Superior Court of the [cannot decipher] County, the county of Washington and that the above is his certificate 12th June 1834.

R.L. Gamble
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(8-1776)
Service N.C.     Turner, Reuben    Number R.10.760
Boon in N.C. Contents
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10,760

Reuben Turner
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27,692
Reuben Turner

Initials: E.J.M

10760
Hon. R. L. Gamble
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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.

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 considered 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 or 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. resident (b) of       in the county of                 and State, Territory or District of     aged (c)    years, who being first duly sworn, according to law, both 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 rand 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 rand 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  
Swon 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 not (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 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. 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 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 in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as many 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 event 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 can 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 and 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 infirmary, 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, 1932; 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 invariable be mentioned.
[d] The declarant must mention the period or periods of the war where he served.
[e] Every continental officer or soldier must give the name of the Colonel under who 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 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 petition."
It is important, in all cases, to determine with precision the period for which 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 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 applicatn 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 and 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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Name: Turner, Richard
Grade: Private
Line: Maryland

Warrant Number(s): 18819 or 13819 and 14120.

Issued: May 1, 1795

To Francis Sherrard, assignee of Thomas Felton, [cannot decipher]