Revolutionary War Pension and Bounty Land Warrant Application File R. 4,156, Joseph Gouge, N.C. S.C.
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( 3 - 1776 ) SERVICE  N.C. S.C.  Gouge, or Gouch Joseph  Rosa NUMBER R. 4156 B.L.Wt. 18368-160-55
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( left page ) 52.573 Act March 3/ 55 April 9 /55 Rosa Gouge widow of Joseph Gouge private Capt. Jacob Nichols, Col. Rutherford, Lt. Larkin, Maj. Allen. Col. Cleveland  , Capt. Henderson, Col. Branham. Enl N.C. Vol. Dis  Revolutionary War Geo Ins June '32 Private N.C. Troops Ad 160 acs Mar 13/56 Dodge H.C. Spalding Washington  D.C.  ( vertical note across text ) ( No. 18368 Iss  Mar 18/56 ) ( right page ) Vol. G. 95
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Declaration of Joseph Gouge   Jas . See Col . Wm  Maltbie  Clk Greenville So Ca Ga Sept 14, 1833  Five  War Department   Pension office Washington City ( post mark ) [ LAWRENCEVE (?)  GA  Apr 1 ] ( vertical note ) ( Joseph Gouge  24665 )
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identical to previous page
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[ State of Georgia Gwinnett County ] SS  March Inferior Court  On this the 25th day of March  1833 personally appeared in open Court  Joseph Gouge a resident of said County & State aged ninety one years  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 enlisted  for short tours of duty and was drafted at various times during the war between Great Britain  & her  colonies  during their struggle for independence - that he is quite certain  that he was in the service of the Colonies  & State more than six months that his longest term of service was under Gen. Caswell, Col. Branham & Capt. Henderson  etc. in an attempt to reach Charleston  but after some  marching and  counter marching the enterprise was abandoned after three months service. That he served under  Col. Cleaveland -Lieut. Larkin Cleaveland  & Lieut. Wm. Reynolds in various enterprises against the Tories about  New River  etc. in all more than six months. That he resided in Wilkes County North Carolina  but in consequence of a want of education  & also of extreme old age he cannot remember  distinctly  the years in which  he rendered said service. 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 . Sworn to and subscribed the day  & year aforesaid in open Court. Joseph Gouge ( his mark X ) Attest Wm.  Maltbie  ( signed ) clk
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[ Georgia Gwinnett County ] We Hamden C Carter a clergyman  residing in the State and County aforesaid and Samuel T. Pharr residing in the same  hereby certify that we are well acquainted  with Joseph Gouge  who has subscribed and sworn to the above declaration  that we believe him to be  ninety one years old 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. H.C. Carter ( signed )  V.D.M. S.T. Pharr ( signed ) Sworn to  & subscribed the day & year aforesaid in open Court. ( Attest ) Wm. Maltbie ( signed ) clk [ Georgia Gwinnett County ] Inferior Court March 25th 1833. 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 Hamden C Carter who has signed the above certificate is a clergyman resident in the State and County aforesaid  & that Samuel T. Pharr who has also signed the same is a resident in the said State and County  nd is a credible person and that their statements are entitled to credit. Hudson H Allen ( signed ) J. (missing ) Joseph A Reeves ( signed ) J.I.C.  A.G. Van Volkingburg ( signed )  ( title illegible )
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[ Georgia Gwinnett County ] I William Maltbie clerk of the Inferior Court for said County  do hereby certify that the foregoing contains the original proceedings of said  Court in the matter of Joseph Gouge for a pension. In testimony whereof I have hereunto set my hand & seal of office this 25th day of March 1833. Wm. Maltbie ( signed / sealed ) C.I.C.
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Rosa Gouge Ga Revolutionary Pension Act 3 Feby 1853. Filed august 27th / 55 By H. C Spalding attorney  Washington  D.C.
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[ State of Georgia County of Gwinnett ] SS  On this 18th day of  August one thousand eight hundred and fifty five personally appeared before the under signed  a Justice of the Inferior Court of said County , Rosa Gouge  a resident of Lawrenceville in the County of Gwinnett  State of Georgia aged eighty one  years who being duly sworn according to law doth  on her oath make the following declaration in order to obtain the benefit of the provision made by the law of the United States passed on the  third day of February  1853. That she is the widow of Joseph Gouge ( or Gouch as his name was frequently called and spelled )  who was a private soldier in the  War of the Revolution and served several tours of service in the Militia of North Carolina under different officers and at different times said service partly  in North Carolina and partly in South Carolina  , and that she believes  that her said husband served in all at least twelve months from her recollections  and what she has often heard him say in his life time , and for the particulars of her husband's service she respectfully refers to the declaration and the accompanying proofs filed by him in his life time, where more full details and the names of the officers will be found , and to the certificate of the Comptroller  of North Carolina  filed with her declaration  for Bounty land under  the Act of Congress passed the 3rd  of March 1855. She further declares that she was married to the said Joseph Gouge or Gouch  ( as his name was often pronounced and written ) in the State of South Carolina  on or about the year 1810 , that he husband the aforesaid Joseph Gouge ,or Gouch ,died on the 28th day of January  1838  at Lawrenceville in said County . She further ( note - continued on page 11 )
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duplicate of page 9
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swears that  she is now a widow  and has remained a widow ever since the death  of he husband the said Joseph Gouge ( or Gouch as his name was often spelled  and pronounced )  and that she hat never before made any application for a pension, and that no record proof of her marriage is in existence.  Rosa Gouge ( her mark X )  Sworn to and subscribed before me on the day and year above written , and I certify that the applicant , Rosa Gouge  is prevented from appearing in open Court by bodily infirmity. K T Terrell ( signed )  Justice of the Inferior Court   [ State of Georgia County of Gwinnett ] On this  18th day of August A.D.  one thousand eight hundred and  fifty five personally appeared  before me Henry C. Butler and Thomas N. Shackleford  to me well known  who after being duly sworn depose and say  that  they are well acquainted with the applicant for pension,  Rosa Gouge , and that she is the widow of Joseph Gouge  formerly of said County, deceased,  and that she and the said  Joseph Gouge lived together as husband and wife  in said County and raised up children between them  and were reputed and taken  & considered  by the whole neighborhood to be husband and wife, to their knowledge for the  space of at least ten years, it being from the first  time they knew them, to the death of the said Joseph Gouge , who died on the 28th day of January in said County 1838. They further declare  on their oaths that the said Joseph Gouge often said that he was
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a Revolutionary soldier in his life time and that he was generally reputed and taken to be, and that the  said Rosa Gouge has remained a widow ever since his death  and is now a widow. H C Butler ( signed ) Thomas N. Shackleford ( signed ) sworn to and subscribed  before me  the  day and year above written , and I hereby certify that the said Henry C Butler and Thomas N. Shackleford  are well known to me  and that they are credible persons. Kenon T. Terrell ( signed ) Justice of Inferior Court . [ State of Georgia County of Gwinnett ] I Francis M Allen clerk of the Inferior Court of said County and State  the same being a Court of Record - do hereby certify that Kenon T. Terrell before whom the foregoing declaration  & affidavits were made is now and was at the date of the same , a Justice of the  Inferior Court  of said County, duly commissioned and authorized by the laws of said State to administer oaths etc. and that his signatures as they appear are genuine. Given under my hand and  the seal of said Court this the 10th  day  of August  1855.  F. M. Allen ( signed / sealed ) Clerk Inferior Court
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[ State of Georgia County of Gwinnett ] SS. On this the fourth day of April  A.D. one thousand eight hundred and fifty five  personally appeared before me a Justice of the peace within and for the County  and State aforesaid Rose Gouge aged eighty one years a resident  of Gwinnett County in the  State of Georgia , who being duly sworn according to law  declares that she is the widow of Joseph Gouge  , deceased, who was a private in the Company commanded by Captain Jacob Nicholson in the  Regiment of Volunteer commanded by  Colonel Rutherford, and after wards he served several tours under Lieutenant Larkin Cleveland, Maj. Allen  and Colonel Cleveland also under Captain Henderson , Col. Branham  as a drafted militia man  all in the Revolutionary  War declared by the United states  on the fourth of July 1776 . That her said husband volunteered first at Salisbury in the State of North Carolina  on or about  the _ day of __ A.D. 1779 for the term of  six months and continued in actual service for the term of fourteen days in said War. and was honorably discharged at __ on the __ day of __ 1779 or 1780. She further  states that  she was married to the said Joseph Gouge  in the  State of South Carolina  in the year 1809 or 1810 , there being no public record of her marriage , or any other record, to the best of her knowledge and belief , by one  Hugh Morrow a Justice of the peace and that her  name before her said marriage was  Rosa Thacker, that her said husband died at his residence in Gwinnett County in the State  of Georgia on the 28th day of January  1838 , and that she is now a widow. Che makes this declaration for the purpose of obtaining  the Bounty Land which she may be entitled under the act approved March 3rd, 1855.  Rosa Gouge ( her mark ) We Thomas n. Shackleford and Henry C. Butler residents of Gwinnett  County in the State of Georgia  upon our oaths  declare that the foregoing declaration was signed and acknowledged  and statements of the applicant  that she is the identical person she represents herself to be. We further declare upon oath  that the said  Rosa Gouge is the widow of Joseph Gouge deceased, that we knew them both  well, in the life time of Joseph Gouge, and that they lived together for the term of ten years to our knowledge as husband and wife, in said County of Gwinnett, and were so reputed to be , and continued to live together as husband and wife until the said Joseph Gouge died  and that the said Rosa Gouge has remained a widow up to this date, and is now a widow. They declare that the said Joseph Gouge died in Gwinnett County on the 28th  day of January  1838.Thomas N. Shackleford ( signed / sealed ) H C Butler ( signed / sealed )  The foregoing declaration and affidavit were sworn  to and subscribed before me  on the day and year above written ; and I certify that I know  the affiants to be credible persons; that he claimant is the person she represents herself to be  and that I have no interest in this claim. Jesse Murphey ( signed ) J.P.
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( vertical margin note ) ( 52.573 ) [ State of Georgia Gwinnett County  ] SS. I, Francis M Allen clerk of the Inferior Court of said County  do  hereby certify  that Jesse Murphey  Esq.  before whom the foregoing declaration and affidavits were made is and was at the time of taking the same a Justice of the Peace  in and for said County  duly commissioned and qualified and that his signature above written is genuine. In testimony whereof I have hereunto set my hand and affixed the seal of my office this 5th day of April  A.D. 1855  Francis M Allen ( signed / sealed ) Clerk of the Inferior Court of said County
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[ State of Georgia Gwinnett County ] Know all men by these presents  that we Rosa Ann Gouge , widow and relict of Joseph Gouge , deceased, and Joseph Gouge and Thomas N. Shackle ford, in right of his wife Mary Ann Shackleford formerly  Mary Ann Gouge , all of said County and  State and heirs of Joseph Gouge formerly of said County deceased have made , constituted and appointed  and by these presents do make constitute and appoint  H. C. Spalding  of Washington City  , D.C.  our true and lawful attorney  for us and in our name place and stead to prosecute any and all  claim or claims , right or rights, that we and each of us may be entitled to , as heirs of the said Joseph Gouge  deceased, in  and to a pension or any other claim or bounty in money or land due to said deceased, or his heirs, as a soldier from the government of the United States , and to  examine the papers concerning the same, and to do and for  form all and every act or thing necessary  to the establishing proving and drawing said claim in as full and as ample a manner as we  or either of us could do  were we personally present and we further revoke all other powers of attorney that heretofore have been given, and do hereby ratify and confirm  all that our said attorney H.C. Spalding  may lawfully do by  virtue of these presents. In witness whereof  we have hereunto set our hands and seal this the sixteenth of February  one thousand eight hundred and fifty four. Rosa Ann Gouge ( her mark ) seal Joseph Gouge ( his mark ) seal Thomas N. Shackleford ( signed / sealed )  Sealed and delivered in the presence of Jesse Murphey ( signed ) J.P.
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[ State of Georgia Gwinnett County ] I Madison L. Adair  Clerk of the Superior Court in and for the County and State aforesaid , a Court of Record do hereby certify that Jesse Murphey  before whom the within  and foregoing Power of Attorney purports to have been signed and acknowledged is now and was at the date thereof  an acting Justice of the Peace for said County duly commissioned  and authorized by  the laws of said State to take affidavits , acknowledgments etc. and that his signature is genuine. In witness whereof I have hereunto set my hand and the seal of said Court this 18th day of February  1854. Madison L. Adair ( signed / sealed ) clk.
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24.665 Joseph Gouge Georgia Wm . Maltbie Esq. Clk  Court  Gwinnett Cty.  Lawrenceville  Geo
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WAR DEPARTMENT
Pension Office

Mat 28 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 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. 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 them; and
you will, by complying with this request, greatly facilitate the investigation of your
claim.
_______________________________________________________________________________________
A STATEMENT, showing the service of.  Joseph Gouge Gwinnett County,  [illegible]

Period when the     Duration of the         Rank of     Names and rank of the       Age at present,    Proof by which
service was             claimant's service       the         Field officers under              place of abode.    the declaration
rendered.                 Year Months Days   Claimant    whom he served.                when he entered   is supported
                                                                                                                                                  the service
--------------------------------------------------------------------------------------------------------
 Ent                                                      14                           Capt Henderson                            91 years.             Traditionary
Draf                                         3                      Pri              Col Brandam                                 N Carolina             Evidence
                                                                                             Genl Case                                                                              
                                More than                                           ___                                                           
                                                  6                                          Col  Cleveland,                                                                                             


I am respectfully,
Your obedient servant,

J L Edwards,
Commissioner of Pensions 

[Handwritten note:]
The applicant will return the original 
declaration, and [illegible]
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                                                      REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been constructed to extent, 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 were bound to military service, but not those who 
were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, etc., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefit 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 the Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians 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 applicants reside. And every Court having by law a seal and Clerk is considered a Court of Record.

                                                                   DECLARATION
In order to obtain the benefits of the Act of Congress of the 7th of June, 1832.
                                            State Territory, or District of
                                             County of
On this             day of                                personally appeared (a) before  
          A B. a resident (b) of                              in the county of                        and State, Territory, or District of           aged (c)            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 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 offices:

(Here set forth the names and ranks of the Field and Company Officers; the time he left the service ; (and if he server under more than one term of enlistment, he must specify the particlar period, and rank 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

Sworn 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 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 name of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (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 the State Troops of Virginia, will make and
subscribe a declaration similar to the foregoing, with 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 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 Court of do hereby certify that the foregoing contains the orginal proceedings of the said Court, in the matter of the application of for pension.

 In testimony whereof, I 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 orginal 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 hid personal knowledge of the service oh the applicant, and such circumstance connected therewith as may have a tendency to throw lightupon 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 material facts, which can be used in the investigation of his claim, and in the comparison of his narrative with the events 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, it 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 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 nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, fromtheir 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 certity to the character and standing of other persons giving such certificates.

The traditionary evidence of service is deened 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 or 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 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 infirmity, 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 ofice, 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 genine signature.

No payments can be made upon account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; 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 theopinion 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 of the war when he served.
(e) Every continental officer or soldiers 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 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 depots and saith, that by reason of old age, and the consequent loss of memory, he cannot swear positive as to the precise length of his service; but according to the best of his recollection, he served not less than the period mentioned below, and in the following grades: ---For____year_____month____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 service.  The use of the phrase about three or four months, is too indefinite and all such qualifying expressions are objectionable.  ome persons who apply for pensions mere state they served two years in the militia, &c. without specifying the tours, the names of officers, and other particulars respecting their service.  This form of a declaration is highly objectionable.  

It must begin every case, be clearly shown under what officer the applicant severed; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corp 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 n 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 fix 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 certified officer, should accompany the papers.                                                   
                                                                  
                                                                    Mode of authenticating papers.

In every instance where the certifing officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certiicate 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.                                                  
                                                                     Proof of Service
(j) In 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 verify 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 note
 from (a) to (i) are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule is 
The 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.

[ handwritten note:]
The applicant must specify his [illegible]
[illegible] above [illegible]
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18,368
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4156 Joseph Gouge REJECTED
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Widow's Rev. Pension Claim , Act 3 Feby 1853  Hon. J. Minot Commissioner of Pensions Present ( vertical notes ) ( Rosa Gouge  wid Joseph ) ( Triplett )
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18.368 160 acres
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Bounty Land  act 3 march  1855  Hon. L. P.Waldo Comm. of Pensions  Present .. declaration ( vertical note ) ( 52.573 )
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(left page ) Joseph Gouge Ga : Suspended Letter 14 Sept ...  to  William Maltbie  let . Hon J M Wayne '34 Act 7 June 1832 ( right page and vertical ) reg 3 m 55 52
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Rev. suspended Act 1832 Power of Atty . Hon L.P. Waldo Com. of Pensions Present  ( vertical note ) ( Joseph Gouge Ga sus 32 ) ( Col. Anderson July 22/54 )
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24.665 Joseph Gouge Georgia  William Maltbie Sept 14 1833  Hon JM Wayne March 27 1834 - Hon. H. Cobb  June 19 1856  same Aug 28/56  4156 June 7 1832
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[ Georgia Gwinnett County ] Personally appeared before me the undersigned a Justice of the Peace in and for said County Joseph Gouge  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 grade :  two weeks  I served as a volunteer in an infantry  company  under Capt. Jacob  Nichols and Col. Rutherford. I marched from Salisbury N. C.  to Cross Creek from thence I was marched back again to Salisbury  where I was discharged; the above service I believe was performed in the year 1779 . Six months I served as a volunteer in a company of Infantry  under the command of Lieut. Cleaveland and mostly under the general command of  Col. Benjamin Cleaveland  the nature of my services during the above period  were in guarding the  gaps or passes through the mountains to New river and other places in order to prevent the Tories and Indians from making incursions upon  and plundering  the Whig settlements . The above was performed as I believe  in the year 1779. Three months I served as a drafted Militia man in a company of Infantry  commanded by  Capt. Henderson under the general command of Col. Branham  and Gen. Caswell . I marched from Salisbury  N.C.
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through Mecklenburg  County  left  Charlotte  County  on our right  thence onto Camden  S.C.  thence to McCord's Ferry on the Congaree River thence to within twenty miles of Charleston  - thence to Georgetown  which at  or near Georgetown  I well recollect to have heard the report of the blowing up of the magazine in Charleston  - thence to Camden - thence to Deep River thence to a ford on the Yadkin River near Salisbury  where I was discharged. at the time of my discharge I was under the command of Major Mc Dowel of the Cavalry .  The above service was performed I believe inthe  spring & summer 1780  but being  in a great measure illiterate  & extremely  old I cannot recollect  dates, but  I am certain that I served my country  the time above specified. And deponent  further asks leave to explain that in stating in his original declaration  that his longest period of service was under Gen. Caswell , Col. Branham  & Capt. Henderson  to that he intended by such  declaration  no more than that  he was longer from home at that time than any other for during his service  under Capt. Park, Lieut. Cleaveland and Col. Cleaveland  he was incidentally  at home subject to march at the shortest notice  and deponent further says that the  word enlisted  in his original declaration  should have been volunteered as he is conscious  that he was not a regularly enlisted soldier during the War of the Revolution. Sworn to  & subscribed before me this 24th day of August 1833. Joseph Gouge (his mark ) John Mills ( signed ) J.P.
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[ Georgia Gwinnett County ] I , William Maltbie Clerk of the Inferior Court for said County hereby certify that John Mils whose name appears tot he  foregoing affidavit  of Joseph Gouge as a subscribing  witness is and was at the time of subscribing  the same an acting Justice of the Peace in  & for said County  and  that full faith and credit ought to be had  & given to his attestation as such. Given under my hand  & seal of office this 24th day of August 1833. Wm. Maltbie ( signed / sealed ) C.I.C.
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Georgia
Gwinnett County
Personally appeared before me
the undersigned a Justice of the
Peace in & for said County Joseph Gouge who being
duly sworn deposeth & saith that by reason of old
age & the consequent loss of memory the claimant
swear proficiently 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 six months and
more (deponent believes fully twelve months) he
served the United States as a volunteer in the militia -
he entered said service the first time in Salisbury
N. C. under Capt Nichols & Col Rutherford
& marched to Cross Creek at which or near
said Creek a party of Scotchmen were attacked
& defeated by Gov. Caswell before our arrival
from thence we returned home to Salisbury -
The balance of deponents services (except the
three months hereafter mentioned) were performed
under Lieut Larkin Cleaveland - Major Allen
& Coll Cleaveland in defending the frontiers
of North Carolina but deponent in consequence
of old age being ninety two years of age & extremely
frail cannot without doing injustice to his conscience
swear (though he should fail in substantiating his
claim) with any more precision than he has
heretofore sworn with regard to the times
and
length of his service but deponent confidently
believes that he was under arms in the field
in the defence of his Country more than twelve
months - For three months I served as
heretofore stated under Capt Henderson -
Col. Branham & Gen Caswell - Deponent
further saith that if it was stated in his
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original Declaration that he served six months under Capt Park that said statement was eroneously made that he never did serve under Capt Park but that he well recollects that Capt Park commanded a company in the same service with himself to wit in defending the frontiers of NC
Sworn to & subscribed before me this 9th day of October 1833
 John Mills JP} Joph Gouge

I John Mills a Justice of the Peace in & for said county hereby certify that Joseph Gouge who has subscribed & sworn to the foregoing affidavit is a person of credibility & that full faith & credit ought to be had & given to his affidavit as such 
Given under my hand & seal this 9th day of October 1833
John Mills JP seal
Georgia Gwinnett County} I William Maltbie clerk of the Inferior court for said county hereby certify that John Mills whose name appears to the foregoing affidavit of Joseph Gouge as a subscriber witness and aldo to the foregoing certificate is and was at the time of subscribing the same an acting Justice of the Peace for said County and that full faith and credit ought to be had & given to his attestation as such Given under my hand & seal of office this 10th day of October 1833
Wm Maltbie CJC
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State of Georgia
County of Gwinnett} Ss
On this 24th day of January 1834 personally appeared in open court before the Judges of the Inferior Court now sitting Joseph Gouge a resident of the county of Gwinnett and State of Georgia aged ninety 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 enlisted the service of the United States as is stated (in as full a manner as can now do) in his annexed affidavit with the exception of three Months service under Capt Henderson Col Branham & Gen Caswell which said last service was begun and ended as follows that he entered said service as a drafted militia man under the above named officers in Wilkes County in the state of North Carolina and by the command of his said officers marched for Charleston having received information that Charlston was under siege and that we could not approach it by land We marched for whites point and receiving information that that part was also blockaded by the British encamped on Cape Fear river was far from George town when remained until the surrender of Charleston we then returned Return by way of Camden in S Carolina and deponent farther states that he was born in the county of Culpepper and state of Virginia in the year 1742-3 That he has no record of his age in his own possession that he lived in Wilkes Co NC when he entered the service after peace was made he removed to Ablewell SC where he lived until about seven years since when he removed to his present residence in the state of Geo Gwinnett Co that he never received a discharge in writing.  Joseph Gouge
Sworn to & subscribed in open court the day & year above written
(attest) Wm Maltbie CJC}
We Samuel T Pharr a clergyman residing in the county of [crossed out Gwinnett] Walton and James Wayne residing in the same hereby certify First Samuel T Pharr for himself certifies that he has been well acquainted with Joseph Gouge who has subscribed and sworn to the above Declaration thirty years that he believes him to be ninety three years of age that he is reputed and believed in the neighbourhood
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where he resides to have been a soldier of the revolution and that he concurs in that opinion And James Mayn for himself certifies that he [crossed out is well] has been well acquainted with Joseph Gouge who has subscribed and sworn to the above Declaration forty years that he believes him to be ninety three years of age that he has been a Member in good standing of the Baptist Church during his acquaintance with him that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the revolution and that he concurs in that opinion Sworn to & subscribed the day & year aforesaid in open Court Samuel T Pharr Clergy
James Mayn
(attest) Wm Maltbie Clk
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 revolutionary soldier and served as he states and the court further certifies that it appears to them that Samuel T Pharr who has signed the preceding certificate is a Clergyman resident in the county of Walton and that James Mayn who has also signed the same is a resident in the same county and is a credible person and that their statement is entitled to credit.
H H Allen JJC
A G Van Volkingburgh JJC
Joseph A Reeves JJC
I William Maltbie clerk of the Inferior Court for said county do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Joseph Gouge for a pension In testimony whereof I have hereunto set my hand and seal of office this 24th day of January 1834
Wm Maltbie CJC
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Joseph Gouge
Georgia


Ex by Geo H Jones.
Atty


Sept 8 - 1852
____________________
G.W. Jones
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State of Georgia 
Gwinnett County} Know all men by these present that I Joseph Gouge son of Joseph Gouge deceased (who was a soldier of the United States in the War of the Revolution and made application for a pension as such but failed to obtain) do hereby constitute and appoint George H Jones of Washingto City my true and lawful attorney for me and in my name to examine the declaration of my said father and all papers and proof on file in the Pension office and esle where in relation to my claim and assertain why he was not allowed a pension
Witness my hand and seal this 7th day of April one thousand eight hundred & fifty two 1852 
signed sealed & delivered in presence of Laban Naldin 
Wm P A Timms JP} Joseph hix X mark Gauge Jr 
Georgia Gwinnett County} I Madison L Adair clerk of the Superior Court of said county do hereby certify that Wm PA Timms whose name appears to the above Power of attorney is Genuine And that full faith and credit should be given to all his official acts such
Given under my hand and Seal of Office this 6th day of April 1852
Madison L Adair Clk
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Triplete
_______

Paid
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No 201
Book G
Issued the 8th June 1784 to Mr Joseph Gouge for L 2.1.4 Sterling for Militia duty in the year 1782 as pr account audited
Principal L 2.1.4
Interest 2.10
Comptroller Genrl's office
Columbia April 16th 1856
I hereby certify the foregoing to be a true copy from Indent "Book G 201" and further the account upon which said Indent (like many other accounts) was issued appears to have been lost or misplaced And I also certify that I find but the one "Joseph Gouge" "no 201 Book G" of Record in this office 
Given under my hand 
No Seal of Office Wm R Hull
Dep Comp Genl
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North - Car
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Comptrollers Department
Raleigh April 18th 1856
J Allen Esqr
Sir
In reply to yours of the 11th Inst asking the spec value of of the payment L 1333.6.8 car in the certificate of the service of Joseph Gooch I have to inform you that the date of the allowance does not appear as the depreciation varied at the differents periods it can not be exactly estimated with out the date I notice however that two payments on the following page have marked 225 = 1 This was done by reference to the original vouchers wheron the dates appear
Respectfully
Your obt servt
Geo W Brooks
Comptr
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Jos Gouge
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Lawrenceville Gwinnett County Geo
Jany 25th 1834
Sir
Enclosed you will receive the Declaration of Joseph Gouge this affidavit amended & along of his original Declaration which is either displaced lost or mislaid so that it cannot be found Since my inquiring some weeks since James H Kidd has obtained his pension certificate through the Post office at Hurricane Shoals Please say how the claim of Geo Thrasher has been disposed of
Very resepctfully
Your Obt Sr
Wm Maltbie
JL Edwards Esq
Commissioner of Pensions
Washington City
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Washington August 27th 1855
Hon J Minot
Commissioner of Pensions
Sir
Enclosed I submit the declaration of Mrs Rosa Gouge of Gwinnett County Geo the widow of Joseph Gouge who was a revolutionary soldier and who applied under act of 1832 & was suspended
Mrs Gouge has applied for county law under the act of 3 March 1855 and with that application will be found a certificate of her husbands service from the comptroller of North Carolina to which particular reference is made in this claim for pension
You will please send the certificate to me when issued
Very respectfully 
your obt servt
HC Spalding
Atty
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wid of Joseph Gouge
The Papers of Rosa Gouge, revolutionary, Geo. Suspended.
H. C.Spalding
Atty



For Mr. Anderson
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Filed by
Hon. Howell Cobb
Ho of Reps.
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The Record evidence of the Service of Joseph Gouge (or Gooch, as he was after called) is as follows:
Recapitulation
Certificate of Comptrollers Grul of South Car for L 2.1.4. Sterling Militia duty 1782 
2.10 Interest 
Total L 2..4.2
Certificate of Comptroller of North Car for L 1.17.6. Specie in 1782
.1.0.0 " "
L 1333.6.8 currency 
It appears from the letter of the Comptroller that a subsequent entry on the following page to that on which this entry of L 1333.6.8 was made the specic value was 225 = 1 that is two hundred & twenty five pounds was equal to one in Specic The certificate of the comptroller of North Carolina is on file with county land papers of Rosa Gouge on which a warrant for 100 acres of land has recently been issued and to which reference made
June 16th 1856.
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Joseph Gouge of Gwinnett County Georgia in his declaration says that by reason of old age and the consequent loss of memory (he was 91 years old in 1833) he cannot swear positively as to the precise length of time he served but according to his best recollection, he served not less than the periods mentioned below and in the following grade (order)
1st Two weeks as a volunteer in an infantry Company under Captain Jacob Nichols and Col Rutherford as he believes in 1779 That they marched from Salisbury NC to Crass Creek and from thence marched back again to Salisbury and was discharged
2d Six months as a volunteer in Company of Infantry under Lieutenant Cleveland Major Allen and Col Benjamin Cleveland. The nature of this service was in guarding the gaps or passed through the mountains to New River and other places to prevent the Tories and Indians from making excursions upon and plundering the Whig settlements This was as he believes in 1779.
3d Three months as a drafted Militia man in a company of Infantry commanded by Captain Henderson under General Caswell and Colonel Branham. "We marched from Salisbury N C through McKlinburgh County, left Charlotte on our night thence on to Camden South Carolina thence to McCord's ferry on the Congaree River thence to within twenty miles of Charleston, thence to George Town While at or near George Town well recollects to have heard the report of the blowing up of the magazine in Charleston Thence we marched to Camden, thence to Deep river near
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Salisbury where he was discharged At the time of his discharge he was under the command of Major McDowel of the Cavalry This service was performed he thinks in the spring and Autumn of 1780 but being in a great measure illiterate and extremely old (with feeble memory) he cannot recollect dates but is certain he served his country the time above stated and specified
In his supplementary Declaration dated October 9th1833 he says that by reason of his extreme old age he cannot swear positively to the precise length of his service but that according to the best of his recollection he served not less than the periods mentioned for six months and more, deponent believes twelve months as a volunteer in the Militia
That he was born in Culpepper County Virginia in 1742 or 1743 that he lived in Wiles County North Carolina, when he entered the service that after peace he removed to Abbeville District South Carolina where he lived till about seven years since when he removed to his present residence in Gwinnett County Georgia.
The affidavit of Samuel T Pharr of Walton County Georgia, a Baptist Clergyman states that he has known Joseph Gouge for 30 years that he is reputed and believed in the neighborhood where he resides to have been a Revolutionary soldier and that he concurs in that opinion. 
Affidavit of James Mayn of Walton County Georgia states that he has known Joseph Gouge 40 years as a member of the Baptist Church in good standing all that time and that he believes him to have been a Revolutionary soldier
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Joseph Gouge or Gooch (his name was frequently spelled and pronounced both ways as a very common occurence) who was at the time of making his declaration (on 9th Oct 1833) 91 years old says explicitly that by reason of extreme old age and the consequent loss of memory he cannot swear positively to the length of his service but is sure it was six months, and he believes fully twelve months Fifty odd years had elapsed since the occurrences of which he attempted to give a detail, which for a man of his age must have necessarily made it dificult nay almost impossible for him to have any very distinct recollection of dates and the actual length of the various tems of service he performed
It is just as likely that he served a much longer time than he was able to specify as that he served at all And the record evidence which has been obtained and which is here with submitted corroborates all the presumptions in favor of the longest term or tems of service
It is respectfully submitted that in view of the premises he served at least twelve months or at least the full length of time indicated by the certificates here with submited
His service was in both North and South Carolina Immediately after peace was made he removed from North Carolina to South Carolina Abbevill District and we see by the certificate of the comptroller of South Carolina that on the 8th day of June 1784 he was paid L 2.1.S 4D for services in the Militia in 1782. He is particular in his Declaration to say distinctly that in giving a narrative of his services he is
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by no means certain as to dates, and this caution on his part is entitlled to due weight where it is proved by witnesses that he was a strictly consicutious man and a member of the Church in full communion for many years up to his death & his harrative of his various tours of duty bears the strongest possible evidences of truth as will be manifest on reading over his declarations The Executive rules and regulations recognise the necessity of relaxing the rigidity of the rules of Evidence, under certain circumstances and this is certainly a case for the just exercise of some liberality in the application of the rules of evidence. We think that Joseph Gouge is entitled to a pension for twelve months service if the record certificates will not give more. In support of the proposition, that in this case the rules of evidence should be relaxed we respectfully cite Executive Rules & Regulations for carrying into effect the act of Congress of 7th June 1832 Pamphlet Edition Page 95 Note "E" Also Page 96. Also Page 97.
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Washington Feby 22nd 1854
Hon LP Waldo
Sir, I have the honor to submit a power of attorney from the legal heirs of Joseph Gouge (misspelt George) who applied for a revolutionary pension under act of 1832 & whose claim is suspended from Gwinnett County Geo. You will please allow me to examine the papers in his case. Very respectfully
your obt Servt
HC Spalding
Atty
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State of North Carolina
Comptrollers office
I Geo W Brooks comptroller of Police accounts in and for the state aforesaid do hereby certify that it appears of record owing the payments made by said state to Sundry persons for military service in the Revolutionary war as follows to wit
Joseph Gouge a private Book No 2 Page 19 L 1817 JC Specie in 1782
Joseph Gooch
Book L No 3 Page 8 L 1 specie
" A11 " 45 L 1333 S6 Ii currency allowed by the auditors of Hillsboro District dated Jan 11 1782
The above names though differing in orthography are very probably the same as the same name was frequently written differently by the clerks 
In testimony whereof I have hereunto subscribed my name and affixed the seal of my office in Raleigh this the 18th day of April 1855
Geo W Brooks
Comptroller
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[horizontal]

Addition eu-bounty -land act 3 March 1855
Revolutionary service



Hon J Minot
Commissioner of Pensions
Present

[vertical]

52573
Rosa Gouge
wid
Joseph
Boynton
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Washington 12th March 1856
Hon J Minot
Comr of Pensions
Sir The letter of the Deponent dated 18 Sept 1855 Suspending the application of Rosa Gouge for bounty land under the act of 3 March 1855 was recd and I now submit the enclosed certificate of her husbands revolutionary service from the Comptroller of North Car which gives service enough & to spare to give her bounty land: Please send the warrant to me
Very respectfully
Your obt servt
HC Spalding
Atty
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52.573
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Washington, April 9th 1855.
Hon L. P. Waldo
Comm of Pensions,
Sir,
Entered please find the declaration
of Mrs Rosa Gouge of Givennett Coty, Ga
the widow of Joseph Gouge deceased, who was a soldier in the war of the Revolution; for bounty
land under act of 3rd March 1855.

Joseph Gouge applied for a revolutionary pension
during his lifetime and his claim is suspended.
She refers to his papers on file in support of her
application for bounty land
Very respectfully
Your Obt Servt
H. C. Spalding
Atty