Revolutionary War Pension and Bounty Land Warrant Application File R. 4035, Francis Gilley, N.C.
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Service | | Number
NI | Gilley Francis. | R. 4035

Born in Va.
Contents
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State of Alabama
County of Walker
On this 13th day of December AD 1840 personally appeared before John E. Clancey Judge of the County court of said county (it being a court of record)
Francis Gilley [underlined] a resident of the county of Jefferson and State of Alabama aged one hundred and five years who being first duly sworn according to law doth on his oath make the following Declarations 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 1776
with
And served as a private in the Regiment of the North Carolina line render the following named officers viz Colonel William Campbell in the [illegible] commanded by Captain Will Nall Lieutenant [illegible] was under Colonel Benj Cleveland at the battle of Kings Mountains (being very old my memory has almost entirely failed me) that I cannot state with precision the names of the officers I served under at each particular engagement or term of service, but these are some of the officers I did serve under in the period of my years of service for I was several times four times as a private and served but a short period each time. At length after these four tours had expired on my return home listed men have being called out and then enlisted for the term of three years but peace was concluded before this entitled term had expired. Suffice it to say, to be as much correct that I served in the last tour as I have mentioned, for five years in all I enlisted on the [blank] day of [blank] 1776 and quited the service on the [blank] day of [blank] 1783 as ready as I can now recollect, I never got that I know of a matter.
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discharge [underlined] for this or either of the former terms of voluntary service that I have mentioned at the time when I first went out in the service I lived in [blank] County Virginia
I was engaged in the battle of Kings Mountain Eutaw Springs at Ramsour's Mills (if I recollect the pronunciation of this last name) because I was the greater part of the time engaged in what was called scouring or scouting parties annoying & whipping the tories where we had innumerable engagements. To of this character, the country through which I marched was mostly in the State of North Carolina we did scour a portion of South Carolina and Virginia adjoining the State of North Carolina, the following are some of the notes placed we were at or through which we follow.

Question pounded agreeable to orders from the War Department
Quest 1st. Where and in what year were you born? }
Answer 1st does not exactly know he thinks in the year 1735

Quest 2nd. Have you any record of your age, and if so where is it }
Ans 2nd There was a record of my age in mmy Bible but it is lost

Question 3rd Where were you living when you was called into service where have you lived the Revolutionary War, and where do you live now }
Ans 3rd on New River in the State of Virginia I have since lived in the State of North Carolina South Carolina and Georgia I most live in Jefferson County Alabama

Question 4th How were you called into service, were you draughted, did you volunteer or were you a substitute. }
Ans 4th I was first drafted and then volunteered
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(4th continued)
And if a substitute for { Ans.
whom {

Question 5th State the names of some of the regular officers who were with the troops when you served with Continental and Militia Regiments as you can recollect and the general circumstances of your service. {

Ans 5th General Green
General Sumpter
Colonel Cleveland
Colonel Campbell
Captain Edmunton
I do not recollect any mature facts that occurred more than what is before stated

Additional question viz
Why do you make your declaration a proof before the Judge of Walker County, Ala. you residing Jefferson County. {

And. Because I live nearest to Walker Courthouse near the line [illegible] get the Judge of Walker County to come in the Neighborhood to where an act him for [illegible] to either Walker of Jefferson County [illegible]

He hereby relinquishes every claim whatever to a pension or annuity except the present and declared that his name is not on the pension roll of the agency of any state.
Sworn to and subscribed the day and year aforesaid before John E. Clancy Judge Francis Gilley of the County Clerk of Walker County.

A Clergyman residing in the County of Jefferson and State of Alabama and Solomon Person residing in (the same) County of Jefferson hereby certify that we are well acquainted with Francis Gilley who has subscribed and sworn to the above declaration that we believe him to be one hundred and five years of age that he is reputed and believed in the neighborhood where he resided to have been a soldier of the Revolution and that we served in that opinion. Sworn and subscribed the day and year aforesaid. Before me John E. Clancy.

Judged & aforesaid

Solomon Perkins
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And the said court to hereby declare their opinion after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that above named applicant was a Revolutionary soldier, and served as he states. And the court further certifies that it appears to them that Solomon Perkins who has signed the proceeding certificate is a Clergyman resident in the County of Jefferson and State and that aforesaid is a credible person and that his statement is entitled to credit.
John E. Clancy, Judge of the County Court of Walker County

The word Clergyman having been marked out by mistake in line seven page 4 and Preacher written over was found to be erroneous, and the word Clergyman again inserted by [illegible] at index.

The State of Alabama }
County of Walker } Personally came before me one of the Justices of the Peace in and for said Thomas Lovelady and Simeon Lovelady who being duly qualified and sworn in their oath deposeth and saith that in the year one thousand seven hundred and seventy six Francis Gilley who signed and subscribed the foregoing declaration enters the service of the United States against the common enemy of the United Colonies that at the time he and we lived in [blank] County Virginia on what was then called New River. That to the best of deponents recollection said Francis Gilley served.
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[illegible] months and returned home that he soon enter [illegible] a second time deponents do not [illegible] the light of this term of service but believed it to be longer than the first after a stay of few months at home at home he again entered on a third tour and deponents do not [illegible] that said Francis Gilley ever returned from the service of the United States militia about the close of the war. That deponents were engaged in supplies of beef cattle to the main army and frequently saw said Francis Gilley in lines and on duty having raised near him were well acquainted with him and know him the said Francis Gilley to be the same that signed and subscribed to the foregoing declaration that said Gilley is to the best of our knowledge over one hundred years old that we have frequently heard him say (when asked why he did not apply for a pension) said that as long as he could live without the aid of his country he would not ask it. That he is reduced to extreme poverty and is unable to take care of himself is in our knowledge and we [illegible] of the belief that news the [illegible] and further deponents.
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I Moses Cormack, Clerk of the county co[illegible] County of Walker in the State of Ala[illegible] do hereby certify that the foregoing contains [illegible]ginal proceedings of the said in the matter of application of Francis Gilley for a pension

[ILLEGIBLE]

at office in the town of Jasper this day of February AD 1841 and American Independence 65th year
Moses Cormack Clerk of the County [illegible]
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Francis Gilley
Alabama
---
Suspended
---
See let 21st May '41
T.A. Heard

40J6

Act 7 June 1832
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[Struck Thru]
Act of July 14, 1862, and March 3, 1873.

REJECTED

4036
P. O. Francis Gilley
Service: Consolidated June 28 1882
with rej No 40.35
Enlisted: [Illegible], 18
Discharged: ______, 18
Application filed: __, 18
Alleges: ____________
Re-enlisted: ________
Attorney: __________
P. O. ___________
_______ Recognized.   _________ Contra|
_______ Cert. of Dis.  Searched for _________, 18
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[Struck Thru]
Acts of July 14, 1862, and March 3, 1873

4035
P. O. Francis Gilley
Service: _______________
REJECTED
Enlisted: __________, 18
Discharged: _______, 18
Application filed: ____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. ______
________ Recognized. ________ Contra|
________ Cert. of Dis.   Searched for _______, 18
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May 20. 1841
Ala. Case

[Post Mark]
WASHINGTON DC
MAY 20

Post Office Dept.
James L. Edwards
Commissioner of Pensions
Washington D.C.

Rept to Tho. A, Heard
Jasper Ala.
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Francis Gilley 2715h

Original
S C

Dupliech na ex and
soul I Graham Oct 23
1833. ___


4055

I. Graham S C.
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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 Francis Gilley 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?

X. 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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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?

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 an answer?


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 --- year --- 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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8

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 objection able. 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 must 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 the magistrate who may administer the 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 authenticated 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.


As there was no such service in the militia at two years continuously, the papers are released that the applicant might specify his service as pointed out above.
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York Co.
Mark - 29

R. S. Cobbie Esq.
3rd [ineligible] Pensions
office
Washington City
D.C.
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Correspondence will be pleased to be address to Thos. A. Heard at Jasper Walker County. Alas and all papers directed to his care. And if the papers or proofs are not sufficient we would be happy to receive detailed instructions as the applicant is without doubt one of those the Justice would now and amply [ineligible] been in the field to serious injury of his constitution aforesaid at length only by [ineligible] poverty to make application for for what [ineligible] under the laws of Congress years ago, he might more easily have [ineigible] services
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27.156
Francis Gilley
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The State of North Carolina } On this 5th of October
Pickens District } 1832 personally appeared
in open court before the Judge of Pickens Dist.
Francis Gilley, Resident of the State and District
aforeesaid aged ninety 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 on seventh of June 1832 that he entered the service of the United States as a regular soldier, when he was about twenty years of age under the followign Officers and served as herein stated.
My first tower[?] was in North Carolina, under Capt. William Nole commanding a company of horse men for near two years. Martin Gambrell, Lieut. of said company under Col. Arthur Cammel, an Irishman, while under them was in the Battle of Gilford Court House, then was marched to Eutaw Springs, was marched to Kings Mount in North Carolina.

And there and at the other two mentioned places was in the engagements at all of them places. I was then discharged to go home to my residence in the State of North Carolina when on our return Col. Cammel was killed by the Tories. Of serving the said tour, I was in some other scrimmages, and under the same Officers. But do not recollect the particular places at the time by this time serve near the close of the war for which service I never got a written discharge on the account of my Col. being killed and our return home from the service as stated. And I do not know of no accompany evidence or persons living who can testify to my service afore stated. And I hereby relinquish every claim whatsoever to a pension or amnesty except the present one.
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Declare that my name is not on the pension roll of the agency of any state to my knowledge.

1 Where and in what year were you born
In the State of Virginia, the year as I recollect, 1759.

2 Have you any record of your age
One that I can come at my age as well as I can recollect was in record in my mother's Bible which was in his hands in North Carolina.

3 Where were you living when called into service
Where have you lived since the Revolutionary, and where do you now live
Unto the living & remained in that State and a few years after the war was ended, I then moved to the state of S. Carolina win which I now live.

4 How were you called into service Were you drafted did you volunteer or were you a substitute
I was first a volunteer and then an enlisted soldier and levied a substitute.

5 State the names of some of your officers who were with the troops when you served with Continental Army militia as you can recollect and the general circumstances

General name do not recollect.
Col. Cammel, Capt. William Dole, Lieut. Gambrell
I was in three engagements: the first at Gilford Court House, North Carolina
the second at the Eutaw Springs, N. C. and the third at Kings Mountain in the State of North Carolina in the County of

6 Did you ever receive a discharge and if so by whom was it given and what has become of it
I never received any written discharge

Sworn to and subscribed in open Court.
William L. Keith, Clerk
his Francis Gilley
mark
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The Thomas Morgan, a Clergyman Residing in the State of South Carolina Pickens Dist and and Col. David McKinney, residing in the same Place do hereby certify that we are acquainted with Francis Gilley who has subscribed and sworn to the within Declaration that we believe him to be between [crossed out] and Ninety years of age, that he is respected and beloved in his 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 in Open Court.
William L. Keith Clerk
Thomas Morgan
David McKinney

And the said Court do hereby declare their opinion after the investigation of the matter and after carrying out the questions in the interrogation the above named applicant was a Revolutionary soldier and served as he states, and the Court further certifies that it appears to them Thomas Morgan: who has signed the proceeding, certificate is a Clergyman resident in the State of S. Ca. Pickens Dist and has Col. David McKinney who has also signed the same is a resident in So. Ca. Pickens Dist and is entitled to credit.
Richard Gautt.
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I William L. Keith Clerk of the Court of General Sessions and Common Pleas do hereby certify that the foregoing contains the original proceedings in the matter of the application of Frances Gilley for a pension. In testimony whereof I have hereunto set my have and seal of Office at Pickens Court house the 5th day of October in the year of our Lord one thousand Eight hundred and thirty two
William L. Keith