Revolutionary War Pension and Bounty Land Warrant Application File S. 32,248, Samuel Fleming, Ga.
Page 1

(3-1776)

Service
Ga.

Flemin, Samuel

Number
S.32.248

[handwritten "C" in top right corner]

Born in Ireland

Comments
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Alabama, 19.670.
Samuel Fleming of Autauga in the state of Alabama who was a Private in the Co. commanded by Captain Irwin of the Regt. commanded by Col. McMurphy in the Georgia line for One Year.

Inscribed on the Roll of Alabama at the rate of 40 Dollars 00 cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 12th day of August 1833 and sent to Joseph Goffe, Kingston, Autauga Co. Ala

Arrears to the 4the of March 1833 - 80.00
Semi-anu. allowance ending 4 Sept1833. 20.00

$100.00

Revolutionary Claim, Act June 7, 1832.

Recorded by Mr. R. Palmer Clerk,
Book E. Vol. 8. Page 45
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Declaration

In or to obtain the benefit of the act of Congress, passed June 7, 1832 -

The State of Alabama
Autauga County  [illegible abbreviations]

On this 24th day of June 1833 personally appeared in open Court, before the Honorable  Alvin A. McWhorter, Judge of the County and Orphans Court, now sitting as Judy of the Orphans Court of said County, Samuel Flemming, a resident of said County and State, aged seventy three [the word "one" is crossed out] years, who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain this benefit of the Act of Congress, passed June 7, 1832-

That he entered the service of the United States under the following named officers, and served as herein stated -

That he was drafted in the State of Georgia, Burke County, in the year 1777- that he marched to Florida, under the command of Col. McMurphey, Lieut. Col. Jones, and Maj. Pugh, where he joined the [illegible words], at Ft. [illegible word beginning with "M" or "W"], commanded by Gen. Howe - that her remained in this service five months - that in the year of the capture of Lord Cornwallis, he volunteered in the State of Georgia,
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Burke County, and marched under the command of Capt. Alexander Erwin, to Augusta, where he joined the United forces of Gen. [illegible word] and Gen. Clark - Col Lewis and Maj. Pugh of the cavalry were in the battle - that this period of his service as a volunteer was seven months.

That he has no documentary evidence, and that he knows of no person, who can testify to his service.

He herby relinquishes every claim whatever to a pension on annuity, except the present, and declares that his name is not the Pension Roll of the Agency of any State.

To this Interrogators prescribed by the War Department, to be [illegible] to applicants by the Court, [the word "which" has been marked through] this applicant returns the following answers, which are, by the direction of the Court, inserted.

To the first Sect. he answers - I was born in Antrim County, in Ireland, in the year 1760,
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in the month of November of that year.

To the second he answers - I have no record.

To the third he answers - On my entering the service as above the set forth, I lived in the place above mentioned. Since the Rev. War, I lived in a Wilkes County, Georgia, till the year 1821, when I removed to the County and State, where I have since resided.

To the fifth and sixth, he answers, I refer to the foregoing statement for such answers as I am now able to give the questions.

To the sixth he answers - I never received a discharge, according to my present recollection, in writing.

To the seventh he answers, I refer to the individuals who have signed the following certificates.

Sworn to and subscribed this day and year aforesaid - 

Samuel Fleming 

Alvin W. McWhorter 
J.C.C 

We, Eli Terry a clergyman, residing in the Count of Autauga and State of Alabama, and Handy Brown and Joseph Goffee residing in the same, hereby certify, that we are well acquainted with Samuel Fleming, who had subscribed and sworn to the above declaration that we believe him to be seventy three years of age - that he is reputed and believed is in the neighborhood where he resides, to have
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been a soldier of the Revolution, and that we concur in the opinion.

Sworn to and subscribed this day and year aforesaid.

Eli Terry E.M.P.C.
Henly Brown
Joseph Goffe
Alvin A. McWhorter J.C.C.

And the said Court do hereby declare their opinion, after the investigation of the matter, and after gathering the interrogations prescribed by the War Department, that the above name applicant was a Revolutionary Soldier, and served as stated [illegible] the Court further certifies that it appears to them that Eli Terry who has signed the preceding certificate, is a clergyman, resident in the County of Autauga and State of Alabama, and Henly Brown and Joseph Goffe who have signed the same are residents in the same, and are credible persons, and that their statement is entitled to credit.

Alvin A. McWhorter, J. C. C.

I Henly Brown, Clerk of the County and Orphaned Court aforesaid, do hereby certify that this preparing contains the original proceedings of this said Court, in the matter of Samuel Fleming's application for a pension.  

In testimony whereof, I have hereunto self my hand and seal of office this 24th day of June A.D. 1833, and 57th of the U.S. of America.

Henly Brown Clk

[embossed seal appears to left of signature]
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19. CV8
19670.
Samuel Fleming
Alabama

[illegible]

Joseph Goffe
Kingston
Autauga County
Alabama [tear in paper]
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War Department,
Pension Office,
18th July 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 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 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 the; and you will, by compling with this request, greatly facilitate the investigation of your claim. 

A statement, showing the service of^Samuel Flemming [mispelled].

[column headings: Period when the service was rendered. Duration of the claimants service in Years Months Days. Rand of the claimant. Names and rank of the Field officers whom he served. Age at present and place of abode when he entered the service. Proof by which the declaration is supported.}

     ^1777. 5 months. priv.Col McMurphey, Maj. Pugh, Gen. [illegible]. 73 years, Burke County Georgia
     ^1787. 9 months. Cap. Emmirn, Gen. Triggs, Gen Clarke.

I am, respectfully,
Your obedient servant, 
J.L. Edwards, 
Commision of Pensions
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[verbiage to be used in court notes]
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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 ere 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 know 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 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, an the Judge or Justice will execute the duties, which the Court herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official at 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 Treasury, or of the proper Clerk of the Court or County, under his seal 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, 1832; and in the 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 invariably be mentioned.
(d) The declarant must mention the period or periods of the war when he served.
(e) 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 claimant 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."
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, & 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 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 a 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.
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 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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Washington
September 30, 1931
Mrs. W. L. Fleming
2104 State St.
Nashville, Tenn.
BA-J/MCS

Dear Madam:
You are advised that it appears from the papers in the Revolutionary War pension claim, S. 32248, that Samuel Fleming was born in November 1760, in County Antrim, Ireland.
While a resident of Burke County, Georgia, he enlisted in 1777 and served five months as private in Colonel McMurphy's Georgia Regiment.  He enlisted in 1781, served seven months as private in Captain Alexander Erwin's Georgia Company and was in the engagment that took place when Fort Braws was captured.
After the Revolution he lived in Wilkes County, Georgia until 1821 when he moved to Autauga County, Alabama.
He was allowed pension on his application executed June 24, 1833, at which time he was living in Autauga County, Alabama.
The papers in this pension claim contain no data relative to the family of the soldier.
The foregoing history is that of the only Samuel Fleming of Georgia that is found in the Revolutionary War record of this office.
Very truly yours,
A. D. Hiller
Assistant to Adminstrator
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1922, Jan. 14 list to Miss Martha L Houston. En
1931 Mar 23 list to Hon. Carl Vinson for Mrs. J. R. O. Smith MCS
1931 Sept. 30 list to Mrs W. L. Fleming.  See correspondence in Rev. [illegible} Mrs. Fleming S.32250 MCS

32248
Revy INVALID
File No. 32248
Samuel Fleming
Pri  Rev War
Act: June 7th 32
Index: -Vol. 2, Page 147
Arrangement of 1870.
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July 8
Washington Ala
June 29th 1833
free
I. L. Edwards Esq
War Department
Pension Office
Washington, D. C.
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Kingston, Autuaga Co. Ala
Jun 26, 1833
To I. L. Edwards Esq.
Enclosed I forward you the application of Thomas Stewart, Moses, Grier and Samuel Fleming, for Pensions under the Act of 7 Jun 1832.
These are amended applications, the former having been returned by you as defective in not containing answers to several of the interrogatories prescribed by the Department, and in point of authentication - Numbered 19627 - 19628 & 19629 - v
Should their applications be deemed correct, please enclose the certificates to my address at this place.

Your Obt. Servt.
Joseph Goffe
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Columbus, Ga.
Dec 17, 1921.
Commissioner of Pensions
Washington, D. C.
Dear Sir,
Will you kindly give me a copy of the pension paper of Samuel Fleming a Rev. soldier of Ga. who drew a pension in Alabama.  I believe his record is on page 8 of Rev. Records.
Very truly
Miss Martha Lou Houston
1441 - 2nd Ave.
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Revolutionary War Records Section.  3-525
Department of the Interior,
Bureau of Pensions
Washington, D. C. Jan. 14, 1922

In reply to your request of ____, received _____ for a statement of the military history of Saml Fleming 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.

[column headings: (1) Dates of Enlistment or Appointment, (2) Length of Service, (3) Rank, (4) Officers Under Whom Service was Rendered - Captain, (5) Officer Under Who Service was Rendered - Colonel, (6) State]
1777 | 5 mos. | Pvt. |   | McMurphy | Ga.
1781 | 7 mos. |   | Alex. Erwin |   |  |
Battles engaged in, at capture of Braws Fort
Residence of soldier at enlistment, Burke Co. Ga.
Date of application of pension, June 24, 1833 - al.
Residence at date of application, Autauga Co. Ala.
Age at date of application. b. Nov 1760 in Antrim Co., Ireland
Remarks:  No fam. data
Respectfully, 
Commissioner.
6-2856
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March 23, 1931
Hon. Carl Vinson
House of Representatives
Rev. &  1812 Wars Section
MCS:MLB
My dear Mr. Vinson:
Reference is made to your letter of March 18, relative to information desired by Mrs. J. R. O. Smith, Barstow, Georgia.
You are advised that it appears from the papers in the Revolutionary War pension claim, S. 32248, that Samuel Fleming was born in November, 1760 in Antrim County Ireland.
While a resident of Burke County, Georgia, he enlisted in 1777 and served five months as private in Colonel McMurphy's Georgia regiment.  He enlisted in 1781, served seven months as private in Captain Alexander Erwin's Georgia company, and was in an engagement that took place when Fort Braws was captured.
After the Revolution he lived in Wilkes County, Georgia, until 1821 when he moved to Autauga County, Alabama.
He was allowed pension on his application executed June 24, 1833, at which time he was a resident of Autuaga County, Alabama.
The papers in this pension claim contain no data relative to the family of the soldier.
The foregoing history is that of the only Samuel Fleming who served with the Georgia troops that is found on the Revolutionary War records of this bureau and said records fail to afford any information in regard to Robert and William Fleming who served with the Georgia troops.
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The War of 1812 records fail to afford any information in regard to Pension having been claimed on account of the services of Samuel Fleming of Georgia who was born in 1782.
With reference to the William Fleming, who, it was stated, was standing with the Governor of Louisville, Georgia, when the Yazoo Fraud papers were burned, you are advised that this bureau is unable to identify any record of this man.
Your letter has been referred to the proper division of this bureau for consideration and reply in regard to William Fleming (son of Samuel) who was born in 1817, served in one of the Indian Wars and died in 1900 in Louisville, Georgia.
Very Truly Yours,
E. W. Morgan
Acting Commissioner