Revolutionary War Pension and Bounty Land Warrant Application File S. 3,309, Elijah Duncan, N.C.
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N.C. Duncan, Elijah  $ 3309  Carded
This Envelope Includes
FINAL PAYMENT VOUCHER
Received from GAO
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West Tennessee

Elijah Duncan of Shiloh in the State of Tennessee who was a private in the corps commanded by Captain Wilson of the regt commanded by Col Lytle in the N Carolina line for 1 year and 6 months

Inscribed on the Roll of West Tennessee at the rate of 60 Dollars ---Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 5 day of Feby 1834 and Jonathan Pickett Carthage

Arrears to the 4th of Sept                       150.00
Semi-anl. allowances ending 4 March      30.00
                                                                ------
                                                                 $180.00
Revolutionary Claim, 
Act June 7, 1832

Recorded by Danl Boyd Clerk, Book E Vol 7 Page 76
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No. 12. 308

Elijah Duncan

Smith Co.
West

See W Hill's certificate
from 1779 for 
18 months.
    $60.

J. Pickett,
        Carthage
Tennessee
23d Feb 1833
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BRIEF in the case of Elijah Duncan of Smith County of in the State of Tennessee (Act 7th June 1832.)
1.Was the declaration made before a Court or 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? 76 years.
4. State his service as directed in the form annexed.

[Headings]
Period. | Duration of Service. | Rank. | Names of General and Field Officers under whom he served.

In 1776 | Enlisted for three years, served 18 months himself & the balance of the term by a substitute | private | Capt. Jas. Wilson, Col. Arch'd. Lytle (10 Reg't. at C. line Regular troops).

5. In what battles was she engaged? 
6. Where did he reside when he entered the service? Caswell County, North Carolina
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?
8. Are the papers defective as to form or authentication? and if so, in what respect? No

I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
[Signature]
B.F. Heasanes
Examining Clerk.
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State of Tennessee
Smith County

On this (illegible) day of September in the year 1832 personally appeared before Judiciary the court of pleas (illegible) of Smith County (illegible) and Elijah Duncan, a resident of Smith County in the State of Tennessee aged seventy six next April who being first duly sworn according to law and on his oath make the following declarations in order to obtain the benefit of the pension made by the act of congress passed June 7th 1832 that he (illegible) in the army of the united States in the year 1776 he thinks but has no (illegible) remembrance of the year it being so long since with Capt James Wilson and served in the 10th Regiment of the North Carolina line of Regular troops for three years the Regt commanded by Col Archd Lytle he Enlisted in Caswell County in the State of North Carolina and marched with Genl Rutherford's army in Peytons burg in the state of Virginia then back to Halifax in North Carolina thence to (illegible) Mangrum he was then transferred to the ninth Regiment under General Taylor and after that to the 5th Regiment under Capt Donoho
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he was marched to South Carolina and was there Discharged on Savannah River after serving himself about Eighteen months and furnishing a man named John McKinly to serve the balance of his enlistment - was for three years he got a written discharge but has since lost it he received a Land Warrant from the State of North Carolina. He hereby relinquishes every claim whatever to a pension or annuity except the present and he here declares that his name is not on the Pension roll of any agency in any state. Sworn to and subscribed the day and year aforesaid.
[Signatures] 
J. Pickett clk   Elija Dunsan X his mark

And the said court do hereby certify and declare their oppinion that the above named applicant was a revolutionary soldier and served as he states
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12.368
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State of  Tennessee} I Jonathan PIckett Clerk of 
Smith County.} the Court of pleas and Quarter Sessions for said County do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Elijah Duncan for a pension.
In Testimony whereof I have hereunto set my hand and affixed the Seal of said Court at Office in Carthage this 6th day of September 1832 and 57 year of our Independence.
[Signature]  J. Pickett clk
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State of  Tennessee}
Smith County.} This day to wit the 15th day of October, 1833 Elijah Duncan appeared in Smith County Circuit Court being a court of record and made the following amendment to his declaration. to wit, that he served the term of eighteen months as a private soldier in the war of the Revolution at the time and under the aforementioned in his Original declaration applicant has no documentary evidence and he knows of no person whose testimony he can now procure who can testify to his service except testimony herewith and He hereby relinquishes any claim whatsoever to a pension or annuity except the present and declares that his name is not on pension roll of the agency of any State.
1 Where and in what year were you born? 
Ans. I was born in Frankfort County and State of Virginia. but I do not know what year.
2 Have you any record of your age and if so where is it? 
Ans. I have none but it is recorded in the Bible formerly the property of John Davis of Virginia
3 Where were you living when called into service; where have you lived since the Revolutionary War, & where do you now live. 
Ans. I lived in Caswell County State of North Carolina, when I entered, I lived in the same State and County of Rutherford for some time. I then removed to the State of Tennessee and County of Smith where I now reside and have resided there at least 26 years -
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4th How were you called into service, were you drafted, did you volunteer, or were you a substitute and if a Substitute for whom?
Ans. I enlisted as stated in my declaration.
5th interrogatories answered in declaration. State the names of persons, to whom you are known who can testify as to your character for veracity & their belief of your services as a soldier of the Revolution.
Refer to Col. David Fish,-  Lenard Fish - John Fish & Augustin Robinson Esq.
Sworn to & subscribed in open court the 15th day of October 1833.
[Signatures] Hart Clk    Elijah Duncan X his mark

We the undersigned do hereby certify that we are well acquainted with Elijah Duncan an applicant for a pension, that  we believe him to be 76 years of age, that he is refuted  in the neighborhood where he lives to have been a soldier of the revolution and that we concur in that opinion.
Sworn to & subscribed in open court 15th day of Oct. 1833.
[Signatures]
Hart clk      Jacob Fete  Augustine Robinson
John J. Bennett          
The reason applicant did not attain the certificate of a Clergyman was he resides in a remote part of the County, and is principally confined at home and has acquaintance with the clergy very limited, his acquaintance being generally with itinerant men, whose certificates could not be procured. Sworn to in open Court - 15 Oct. 1833 - [Signatures]
Hart clk     Elijah Duncan X his mark
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{Handwritten}

State of Tennessee
Smith County  

I, Thomas Terry of the County & State aforesaid, do hereby testify that I had {illegible} aquaintence with Elijah Duncan an applicant for a pension, during the War of the revolution.  He
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Tennessee
Smith County () Circuit Court for said County October ____ 1833.

I William Hart
 clerk of the circuit court for the county aforesaid do hereby certify that the ________ contains the original proceedings of the said court in the matter of the application of Elijah Duncan for a pension.

In testimony whereof I have ho____ my hand and affixed the seal of said court at office in Carthage  15th October 1833

              Will. Hart
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No. 2261- 
A__
Elijah Duncan
(Ad__ of)
Priv. Nashville Role
Per Act 7. June, 1832
$ 16.88

August 14/17 1846
Regn No. 9118 dated
15th and sent to the
treasury on the 17th of August 1846
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The United States                                          D.__

                        To the Administrator of
                              Elijah Duncan
                           Priv. on Nashville Ten Role
                               Per act 7 June 1832

For his pension from, 4th September 1840 to
14th December 1840, the day he died
being 102 days as of ____ per a______, as per vouchers filed herewith                       $16.88
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State of Tennessee
Dekalb County

Be it known that before me LY Davis a justice of the peace in and for the county aforesaid personally appeared Johnathon Fuson. He is an administrator and made oath in due form of how that he is the administrator of Elijah Duncan the Identical person who was a pensioner and is now dead and to whom a certificate of pension was issued of which the following is a true copy.

                War Department
                Revolutionary Claim

  I certify that in conformity with the law of the United States of the 7th June 1832 Elijah Duncan of the state of Tennessee who was a private in the Army of the Revolution is entitled to receive sixty dollars and +-0 cents per annum during his natural life, commencing on the 4th of March 1831 and payable same annually on the 4th of March and the 4th of September in every year given at the war office of the United States this 5th day of February one thousand eight hundred and thirty four

                                      Lew Cass (signature)
                                      Secretary of War
Examiner}
Countersigned}

                J.L. Edwards (signature)
                Commissioner of Persons

                                FINAL PAYMENT VOUCHER
                                 Received from GA0
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That the deceased pensioner resided in Dekalb County in the State of Tennessee for the space of about thirty years before his death and that previous thereto he resided in North Carolina. Sworn to and ___________ this Johnathon Fuson
6th day of July 1846                 Administrator
by Davis 
for  _____ County


Know all men by these presents that of Johnathon Fuson of the County of Dekalb and State of Tennessee, Administrator of Elijah Duncan, a revolutionary pensioner of the United States do hereby constitute and appoint Jubal Richardson my true and faithful attorney for me and in my name to receive from the agent of the United States for paying pensions in Nashville State of Tennessee the ballance of said pension from the 4th day of September 1840 the time to which he was last paid to the 14th day of December 1840 to the  day of his death witness my hand and seal this 6th day of July 1846            Jonathon Fuson
Sealed and delivered in presence of Administrator
W M Wade
W.G. Asbell

State of Tennessee
Dekalb County}
Be it known that on this day of July 1846 before the subscriber a justice of the peace in and for said county personally appeared the above named and acknowledged the foregoing power of attorney to be his act and deed in testimony whereof I have here unto set my hand the day and year last above mentioned

L M Davis, J P for said Country
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State of Tennessee 
Dekalb County

Be it known that on the 6th day of July 1846 before the subscriber a Justice of the Peace in and for Said County personally appeared Jubal Richardson the attorney named in the foregoing power of attorney and  made oath that the same was not given him by liason of any sole transfer on mortgage of the pension or arrears of pension therein are authorized to be received by him sworn to and subscribed the day and year last above mentioned before me

LY Davis J P                         Jubal Richardson
for Said County

State of Tennessee
Dekalb County

I Wm. (William) B. L______   Clerk of the county court holder at the court house in the town of Smithville in and for said county on the 6 day of July 1846 do hereby certify that satisfactory evidence has been exhibited to said county that Elijah Duncan was a pensioner of the United States at the rate of 60 dollars per annum was a resident of  the county of Dekalb in the State of Tennessee and died in the county of Dekalb and State of Tennessee on the 14th day of December that he left no widow but the following children and and only heir viz Elijah Duncan Jane Kimbel formerly Jane Duncan n Nancy Ban formerly Nancy Duncan Catherine Oweing formerly Catherine Duncan, Abby Davis formerly Abby Duncan and Richard Duncan and that Johnathon Fuson is the administrator of said Elijah Duncan deceased duly qualified as such according to face. I further certify that L. Y. Davis is a Magistrate as a love and that the foregoing signatures purportedly to be his one genuine
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In testimony where of I have hereunto set my hand and affixed my seal of office at Smithville this 6th day of July 1846

                           Wm. B. Laurence  ___
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Record Division                  3-525

S.F. 3309
              DEPARTMENT OF THE INTERIOR
                   BUREAU OF PENSIONS
                          Washington, D.C., ........., 19....



   In reply to your request of  ..............., received...... for a statement of the military history of Elijah Duncan a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.
 Dates of Enlist  Length of Serv     Rank
1776                      18 months         Pvt.

OFFICERS UNDER WHOM SERVICE WAS RENDERED.
CAPT.                     COL.                 STATE
James Wilson     Archibald Lytle       Ala. 
Taylor
Donoho

Battles engaged in, ...............................
Residence of soldier at enlistment, Cas????? ???, N La
Date of Application for pension, Sept. 4 1832 ????? was at......
Residence at date of application, Smith Co. Tenn.
Age at date of application, {b Apr. 1767 in Fairfax Co. VA
d. Dec. 14 1840* from A.B.

Remarks:
No data as to family

     Very Respectfully,

                                            Commissioner.
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1913 Oct. 1 Hist. to Mrs  W Re, Hogan V.L.M. 
Letter in W. F. 21013- Wm Duncan.

Rev War                       3309
                        INVALID.


File No. 3309

Elijah Duncan
Pvt. N.C. line

Act. June 7, 1732

Index:---Vol.  A, Page 103

   [Arrangement of 1870.]
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E. Duncan
Page 22

day Robert Wilson V No.
bonus as Capt.
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BRIEF objections to the admission of Pension Claims, of which these answered in the negative, in red ink, will apply to the claim of Elijah Duncan which require further proof or explanation.

I.  Does the declaration show where the applicant resides?  yes.
II. Did the declarent make the declaration in the county where he resides? yes.
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for not doing so? ----
IV.  Has the declarant mentioned the period or periods of the war when he served? yes.
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 amount of pension he is entitled? No.
VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes.
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of Jun 7, 1832? yes.
VIII. Has the court given their opinion? yes.
IX. Has the Clerk given his certificate? yes.
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? yes.
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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? No.
XII. If the clergyman's affidavit has not been produced, is there any reason for not obtaining it? No.
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? No.
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? No.
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 personal knowledge of the applicant's service? yes.
XVI. Are the papers authenticated as the regulations direct? yes.
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of the 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 subsequent 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 a 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 their 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 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 he belonged. The magistrate who may minister 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 office, 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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Elijah Duncan
Tennessee

W. Hill certificate
Page 27

State of North Carolina,
                            Secretary of State Office

   I William Hill Secretary of State in and for the State aforesaid, do certify that it appears from the muster rolls of the continental line of this state in the revolutionary war, that Elijah Duncan a private soldier in Capt. Taylors Company of the 10th Regiment was mustered February 1779, Deserted April 1779. That he obtained a warrant for three years service on the 23rd October 1783, on the certificate of a Field Officer

                            Given under my hand this 23rd day of April 1833

W. Hill
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Payments to be made
at Nashville
by Pres. of Union Bank

Agent for paying Pensioners, in the Agency of West Tennessee

Recorded in the Pension Office, in Book E Vol. 7 Page 76 by Dan Boyd
                     Clerk
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                    WAR DEPARTMENT.
                    Revolutionary Claim.   

    I certify that, in conformity with the law of the United States of the 7th June, 1832, Elijah Duncan of the state of Tennessee who was a private in the Army of the Revolution is entitled to receive   SIXTY dollars and -+0 cent per annum, during his natural life, commencing on the 4th of March, 18361, and payable semi-annually on the 4th of March, and the 4th of September in every year.

    

     Given at the War Office of the United States, this 5th day of February one thousand eight hundred and thirty-four

                     Lew Cass
                     Secretary of War.

and countersigned,}

                            J. L.. Edwards
                        Commissioner of Pensions

                               FINAL PAYMENT VOUCHER
                              Received from GA0
Page 30

Lo Harpoth Ten.
   4 Aug '46
Jubal Richardson
Nausen Claire of 
Elijah Duncan

Rec'd 13 Aug. '46
    And?






20c
W. Randall
Page 31

South Harpeth 20
   August 5

P. Hagner Esq.

  Third audition
    Washington City D.C.
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                               South Harpeth Tennessee
                               August 4th 1846

P. Hagner Esq 

   Sir,
                  Enclosed you will receive the application of Johnathon Fuson administrator of Elijah Duncan a Revolutionary pensioner for the arrearages of his pension up to the day of his death.
               The amount you will please remit to me  at South Harpeth, Davidson County Tennessee

                       Respecfully yours
                        Jubal Richardson