Revolutionary War Pension and Bounty Land Warrant Application File S. 31399, for Joseph Summers, North Carolina
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N.C.   Summers, Joseph   S.31399
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Illinois 7902
Joseph Summers
of Morgan Co. in the State of Illinois who was a Private in the Company commanded by Captain Flack of the Regt. commanded by Col. Martin in the N.C. line for 9&25 days.  
32.77

Inscribed on the Roll of Illinois at the rate of 32 Dollars 77 Cents per annum to commence on the 4th da of March, 1831.

Certificate of Pension issued the 16 day of April 1833 and sent to Mr. Thomas, Jacksonville, Morgan Co., Ills.

Arrears to the 4th of March 1833.         65.54
Semi-anl. allowance ending 4 Apl. 33   16.34

$81.88

{Revolutionary Claim, Act June 7, 1832.}
Recorded by Wm. R. Palmer, Clerk,
Book E, Vol. 8. Page 62

(right panel)
Order to pay & letter to Wm. Thomas. 8th March 1838
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No. 18025.7.902
Joseph Summers.  Morgan County.
Illinois

Adm. 9 months & 25 days
from 1775

30.
2.22
1.55

32.77

(Note:  It looks like the math is wrong.)

William Thomas Jacksonville
Morgan County
Ill.
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BRIEF in the case of Joseph Summers
County of Morgan in the State of Illinois
(Act 7th June, 1832.)

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

2.  If before a Judge, does it appear that the applicant is disabled by bodily infirmity?

3.  How old is he?  83

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

Period.
Vol in 1775
Vol
"
Mounted volunteer

Duration of Service.
Years, Months, Days.
From Augt to Dec. 25
- 3 -
- 3 -
- 3 -

Rank.
As a Private
"
"
"

Names of General and Field Officers under whom he served.
Gen.
Capt. Flack.  Col Martin
Gwynn
Capt. Gwynn
Capt. Elliott  Col Lee

5.  In what battles was he engaged?  None

6.  Where did he reside when he entered the service?  Guilford Co. N.C.

7.  Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?  Living witness - Traditionary evidence

8.  Are the papers defective as to form or authentication?  and if so, in what respect?  Correct

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

Dyer Castor  Examining Clerk.
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State of Illinois Morgan County: SS 
     On this 22nd day of September in the year of our Lord 1832 personally appeared in open 
Court before William Woods, James Green & William Gillham Judges of the County 
Commissioners Court of said County now sitting, Joseph Summers a resident of said County aged eighty-three 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 act of Congress passed June 7th 1832.  
     That he entered the service of the United States under the following named officers, and served as herein stated.  About the time of the commencement of the Revolutionary War he resided in the County of Guilford and State of North Carolina, there was a call upon the Militia for Volunteers to go after some Indians who had been committing some depredations upon the Americans, he volunteered in a company commanded by Captain Thomas Flack, attached to a Regiment commanded by Colonel James Martin, the Regiment was organized at Guilford Courthouse in the fall of the year, but deponent does not recollect the year, he recollects seeing a Liberty pole at Guilford Courthouse at the time the Regiment was organized.  The Regiment marched from Guilford to the Indian Village, but the Indians had left the place, the village was destroyed by the Militia.  After the village was destroyed the Troops returned and were dismissed, deponent cannot state the time that he served on this expedition with confidence, he volunteered to serve three months, and his best recollection is that he served from August or September until about Christmas following – not long after he was discharged from this Service, he volunteered to serve a tour of duty of three months in Captain Edward Gwynn's Company, 
John 
(bottom of page missing)
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Gwynn was the Lieutenant, the company was organized in Guilford County North Carolina, 
deponent does not remember what Regiment the company was attached to, the company 
marched down to Chatham County, remained there some time and returned to Guilford and in a short time thereafter marched to Randolph County where 21 Tories were taken prisoners, they were taken to Hillsboro and left there to be tried as deponent understood, deponent served this time 3 months and was discharged, shortly after this discharge he Volunteered again under Captain Edward Gwynn to serve three months the company was formed in Guilford County aforesaid the company was employed in scouting through the
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Country and defending the Inhabitants from injury by the Tories & British – deponent thinks he was employed in this service 3 months, upon being discharge from this Service, deponent Volunteered to serve another 
Tour of duty of 3 months in Captain Elliot's Company the company was organized in Guilford County, and joined General Green's  Army not far from Guilford Courthouse.  He does not remember the Regiment to which he was attached, but Elliot's company was made up of mounted Volunteers, and deponent thinks that the company was attached to a Regiment commanded by Colonel Lee, – deponent furnished his own Horse on this 
expedition and served three months, he was discharged only two days before the Battle of 
Guilford Courthouse, the deponent says that his memory is treacherous, that he cannot recollect dates, – According to the best information that he has been able to obtain he was born in the year 1749 in Kent County Delaware, he removed to Guilford County North Carolina when he was about twenty-three years old.  He resided in Guilford County North Carolina most of the time until about thirty-six years ago he removed to Sumner County Tennessee, he remained there until 
about two years and nine months sense, when he removed to Morgan County Illinois where he now resides.  He has no record of his age and speaks of the same from information which he believes to be true.  He has no documentary or other written evidence of his services in the Army.
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He does not now know of anyone living who can testify to his services except Joseph 
Jackson of Morgan County Illinois who knows that deponent served but does not know how 
long.  Deponent is personally known to Laurence Killebrew and Thomas Cowhick, Jesse B. Schults, Robert Gates, & others who reside in this neighborhood where deponent now resides – deponent never received any discharge for any Tour of duty which he performed.  He has never received any pay or compensation for his services.  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 or Territory. 
Subscribed & sworn to the day and year aforesaid. 
                          Joseph X Summers
                             (X his mark)
William Woods 
William Gillham 
James Green
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31399

OWN
Revy
INVALID
Joseph Summers
Pri Rev War

Act:  June 7 32
Index:-Vol. D, Page 405

[Arrangement of 1870,]

1912 Feb. 16 Tombstone data to Mrs. Gates Strawn.  Letters in W.F. 2145 David McPeaters
1915 Jan. 6  Hist. to James M. Graham
M.C. (see letters in Colbay Cree'd
S. 32194)  AW

1915 Jan 20. To Auditor for Intr. Dept. Data re. to rate &c.  F.W.
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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of
Joseph Summers which require further proof or explanation

I. Does the declaration show where the applicant resides?


II. Did the declarant make the declaration in the county where he resides?


III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?

IV. Has the declarant mentioned the period or periods of the war when he served?


V. * Has he mentioned 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 amout of pension he is entitled?


VI. Has he given the names of the officers under whom he served, in conformity with the regulations?


VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?


VIII. Has the Court given their opinion?


IX. Has the Clerk given his certificate?
yes. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?
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2
XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? 

XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? 

XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? living witness

XIV. If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? 
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? 
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? 

XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? 

XVI. Are the papers authenticated as the regulations direct? 

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 

EXPLANATORY NOTES.
QUERE V. 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 ___ yes ___ months, and ___ days, I served as a ___ For ___ months and ___ days, I served as a ___; and for such service I claim a pension.
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3
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 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 shewn 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.
QUERE XIV. Proof of Service
In a case where the name of the applicant is not found on the records of the Department, he just prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants 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.
QUERE XVI. 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 paper 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.
In every case where the clerk of the court, or other certifying officer, 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.
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1 Oz

(stamp)
JACKSONVILLE ILLS.
FEB 21

No way

To J.L. Edwards
Commr. of Pensions
Washington City
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Jacksonville Ill
20 July 1838
To H.L. Edwards Commr. of Pensions
Enclosed are the papers of Joseph Summers, who desires an order for payment.  The Reason why it so frequently becomes necessary to show papers to your office from this country, in that the Pensioners are unable to attend to their business from old age & other infirmities.
Very Respectfully,
Your obt. Servt,
Wm. Thomas
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Joseph Summers
Morgan Cty Ill
18025
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State of Illinois Morgan County: SS 
I Joseph Jackson of the County and State aforesaid, do swear that I was personally acquainted with Joseph Summers who has subscribed the foregoing declaration during the Revolutionary War in the County of Guilford State of North Carolina, and know that he was engaged on several Campaigns in the Service of the United States.  I do not know how long he served, but from my own knowledge, and the information of others I believe that he served as stated in the foregoing declaration. 
Subscribed & sworn to the day and year aforesaid.  
                          Joseph Jackson

                    William Woods
William Gillham
James Green

Mr. Laurence Killebrew a clergyman residing in the county of Morgan and state of Illinois and Thomas Cowhick of said county & state, hereby certify that we are well acquainted with Joseph Summers who has subscribed and sworn to the foregoing declaration, that we believe him to be eighty three 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.
Subscribed & sworn to the day & year aforesaid.
William Woods
William Gillham
James Green

And the court hereby declares their opinions after the investigation of the matter and after putting the interrogatories prescribed by the war department that the said applicant was a Revolutionary soldier and served as he states, and the court further certify (rest of page is missing, but is recopied on next page)
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 and believed in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Subscribed & sworn to the day & year aforesaid.
William Woods
William Gillham
James Green

And the court hereby declares their opinions after the investigation of the matter and after putting the interrogatories prescribed by the war department that the said applicant was a Revolutionary soldier and served as he states, and the court further certify that it appears to them that Laurence Killebrew who has signed the preceding certificate is a clergyman resident in the county of Morgan and state of Illinois and is a credible person and that Thomas Cowhick who has also signed the same is a resident of same county & state and is a credible person, and that their statement is entitled to credit.
                      William Wood
                      William Gillham
                      James Green
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State of Illinois
Morgan County
I Dennis Rockwell Clerk of the county commissioners court of said county do hereby certify that the foregoing papers contain the original proceedings of said court in the matter of the application of Joseph Summers for a pension.
(seal)
      In Testimony whereof I have hereunto set my hand and the seal of office this 22nd day of September 1832-
           Dennis Rockwell Clerk