Revolutionary War Pension and Bounty Land Warrant Application File R. 3756, John Franklin, N.C. S.C
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NC/SC         Franklin, John           Number R.3756

Born in Va
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State of North Carolina
Burke County
for
Court of Pleas and
Quarter Sessions for
October 1834
---
On this 31st day of October 1834 personally appeared
John Franklin in open Court before the Justice
now in Session the said John Franklin being a
resident citizen of the County of Burke and
State of North Carolina aged Seventy four years who
being first duly Sworn according to Law doth on
his oath make the following declaration in order
to obtain the benefit of the act of Congress,
passed June 7th 1832
That he entered the Service of the United States
under the following named officers and served as
herein after Stated:
In the year 1777 I was drafted and served
a 3 months Tour at Cathey's Fort (now Burke
County.) against the Cherokee Indians was taken
out of Captain Thomas Whitson's Company of Malitia
Burke County and placed under the command of
Captain Clark McDowell who was then a militia
captain. I do not know by whom said Captain
McDowell was commanded I know not but this I
know that I served out the time of my engagement of
3 months and was discharged by said McDowell
without receiving any written discharge

In the Spring of the year
In the year 1776 was again drafted as a private
and served a three months tour as a malitia private 
under captain James McFarland (who was
commanded by Colonel Charles McDowell who was
by this time ___ ___  ) at what was called John
Davidsons Fort this was also against the Cherokees
In the winter of 1778 & 1779 I was again called on and served
as a drafted malitia private my 3 tours.
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Under the command of Captain James McFarland who was commanded by Col Charles McDowell. In both these tours I was drafted out of Captain Leroy Taylor's company of Burke Militia. This 3rd tour I served at a place called Samuel Davidson Fort in Burke County.
In 1779 at the commencement of 1780 I served as a drafted militia Private a tour of six months against the Cherokee in what is now Green County, State of Tennessee at a place called Crawford Fort under the command of Captain Samuel William who was then under the command of Col John Sevier who discharged me at the expiration of six months verbally for I neither now or at any time before received a written discharge.
In the month of September 1780 I returned to what is now North Carolina and found the country in a fearful and desolate situation. The Tories and Whigs were forming extending together and scarce. If any man could be found at home, I did not know what to do, what party to join. The British and Tories appeared to have subdued the country. One Patrick Ferguson, A British Colonel, was then stationed with a large British force near the lead of Silver Creek in Burke County Montford from my former place of residence and I amongst many other of the people took protection under him as a British Subject and was immediately marched by him with the rest of his forces to King's Mountain and was there under him when the Battle was fought Between the Whigs on the one side and the British and Tories on the other on this day I was as before said on the side of the British for which was captured I can claim no credit for I saw my error before the Battle was over in the sides of the British was Col Ferguson, of the British regulars and Col. Ambrose Mills [illegible] of the Tories. on
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the American side was Col Campbell Col.
Cleveland Col John Sevier and Col Shelby who
commanded the American whigs.  The British and
Tories were defeated with the [illegible] of the Commander
Ferguson: I returned to what is now
called East Tennissee having been only Eleven
days with and in the service of the British
so begun and so ended my allegiance to the
British King.  [illegible] for the purpose of
atoneings for my last weakness in engaging
in the service of the British king enlisted
for the term of 18 months on the American
side under Captain Samuel Williams this was
early in the [year] summer of 1787 in the continental service
in the North Carolina line.  No [illegible] forgotten
we were commanded by Col John Sevier. I was
marched by said Captain Williams under
the command of Col John Sevier and Col
Charles Roberson with their Troops to the state 
of South Carolina to oppose the British
under Lord Rawden at the High Hills
of Santee [illegible] joined General Green who
commanded the N.. 6. Virginia & Marland Troops
I was now transfered to General Marion who
commanded the South Carolina Troops and put
under the immediate command of col. Mahon
who was Commander of the South Carolina
Troops of Light horse.  I now served 18 months
in the American service.  In various instances
I assisted in taking many british prisoners.
That at the time at Monks Corner about [illegible]
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before Christmas in 1787 we captured the British hospital. We being about 400 strong in all under the Command of Captain Donalson and Colonel Maham the [illegible] with whom I then served Captured and took upwards of 80 British Prisoners. I continued to serve until the [illegible] of the year 1782, when my time, Ox[illegible] at the [illegible] of the 18 month term of E[illegible] I was dismist but received a written discharge when I served against the Indians or British a [illegible]. I know of no person by whom I can Prove my services or the [illegible] sentiments that I have no [illegible] military evidence of my services and that I know of no person whose [illegible] I can [illegible] (least) can testify as to my service. 
I hereby relinquish every claim to a pension annuity except the present, and declare that my name is not on the pension roll of the army of any state.
I was born in the State of Virginia in a place then called Stuart fort and removed to North Carolina when about 4 years of age as I learned from my parents. I have a record of my age. I lived in Burke County North Carolina when called in to service the first tours of 3 months each against the Cherokees when called out to perform the 4 town of service against the Cherokees. I lived in what is [illegible] this [illegible] as for the Term of six months.
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I lived in Green County or now called State of Tennessee but then North Carolina when [illegible] for the term of 18 months, or before described service the Revolutionary war. I have lived and now live in Burke County N.6. 
I never received a written or Printed discharge from the service but on the [illegible], in of my time of service I was invariably dismist by my officers. 
As to the person to whom I am known of my present neighberhood there are but few of them here, Except John Saddath Esgr and Col. James Erwin as to the g[illegible] circumstances of the service I was in there was but little variation in the service of the three; 3 month Tours I was in for I was f[illegible] in and save but few officers. the [illegible] in 1777. I saw none above my captain Charles [illegible]: the second Tour at John Davidson fort in 1778. I was under the command of Captain James McFarland who was commanded by Col Charles McDowell as before stated. The third tour in the winter of 1778 & 1779 at [illegible] Davidson fort, the same captain McFarland had command under same Col McDowell. The fourth tour of service I was of six months in 1779 and the [illegible] of the winter of 1780, there I was commanded by Captain Williams who was commanded by Col. John Levier in that part of the mountain country of N.C. now Green County Tennessee
In this service we were principally forted in and ranging the county against the Cherokees [illegible] about. It was a dangerous duty for it was at the frontier and against the Cherokees
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The fifth X [illegible] tour of service, I was in for 18 months as an enlisted Private commanded early in the summer of 1781 [illegible] led under Captain Williams of the NC Continental Line and ranked Colonel. John Sevier we marched to South Carolina at the High hills of [illegible] we joined General [illegible] of the Continental army. I was placed as before stated under General Marion who commanded the South Carolina troops and were variously engaged in the service of the [illegible] state in opposing the [illegible] of the British under Lord Rawdon we had various and many skirmishes with the Enemy mostly in cutting off his supplies of Provisions and attacking him at Ports in which attacks we were often successful and I succeeded in capturing many of their troops as before stated. [illegible] I was attached to the Company of Captain [illegible] of the South Carolina troops at [illegible] under Colonel Marion as before stated.
[illegible] John Franklin
1st, Nov 1834
JJ [illegible]
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(A)
We John Suddath Esqr and Col James Erwin all residing in the County of Burke & State of NC, here by certify that we are well acquainted with John Franklin who has subscribed and Sworn to the above declaration: that we be have him to be 74 years of age: that he is reputed and believed in the neighborhood where he resides to have been a soldier of the revolution and to that we concur in that opinion 
M. Suddath 
&
J Erwin
 Sworn to in open Court 1st Nov 1834 of Test John I J. Erwin Clerk
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And the said court do hereby declare this opinion, often the investigation of the matter and after putting the [illegible] prescribed by the war department that the above named applicant was a soldier and served as he states and the court [illegible] testifies? that it appears to them that John Suddath and Col J Erwin are all persons of and resident in the County of Burke NC and that their and that their statement is [illegible] to full faith and credit 
J Joseph J Erwin Clerk of the Court of Pleas and quarter [illegible] for Burke County State of North Carolina do hereby certify that the foregoing contain the original proceeding in the matter of the application of John Franklin for a Pension: I also certify that John Suddath Esquire who has sworn to and signed the [illegible] marked (A) and who has certified the affidavit marked (B) in and was at the [illegible] of doing the [illegible] a justice of the Peace and a member of this court: In testimony where of H[illegible] [illegible] set my hand and affixed the Seal of said court of office this 8 day of November 1824
Ink J.J. [illegible]
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State of North Carolina 
Watauga County,
On this 23rd day of Aug. AD 1882 [illegible] of [illegible]  before me the [illegible] signed one of the acting Justices of the Peace in and [illegible] of County ettargarit  Col[illegible] late Margaret  Franklin's Daughter and only surviving Heir of the late John Franklin who is believed to have been a  [illegible] d[illegible] in the war of the Revolution and made oath in due [illegible] of law that the evidence which she now proposes to L[illegible] in leigh pnt[illegible] of her Father's Claim for a Pension under the Act of 7 June 1832 Chose/has her (Counsel it etc) Through Son Esq of Washington City was until recently entirely [illegible] to her that in Consequence of ...
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N.C.  Franklin, John  R.3756
S.C.
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State of North Carolina
Burke County
As a special Court of Pleas and 
Quarter Sessions for the County of Burke held on this 23rd
day of June A.D. 1833 at the Court House in Morganton
Present and presiding
Thos Walton "Chairman"
S. McDSate
N.D. Howard
It was ordered by the Court that John Sudderth be
appointed Administrator upon the Estate of Ind. Franklin
dee". Who entered into bond in the sum of one thousand
dollars with R.C. Pearson and S.A. Bettis sureties which
bond" a copy will be set forth on the opposite page. Was 
duly executed, and approved by said Court.
I further certify that
the Courts are satisfied from their own personal knowledge
of the character and standing of the bond & the
sureties thereto, that it is good and amply sufficient for the purposes intended.
It is further shown and made appear to the satisfaction of
the Court that the said John Franklin who was an applicant for a Revolutionary pension under the Act of June 1832, died at his late residence in Burke 
County on or about the 30th day of September 1832.
Leaving a widow who has since died and that the following children vig" Abraham Franklin, Pheba Erwin and Peggy
Coleman are now the only surviving children of
said John Franklin dead known to this Court, but 
that he had other children who long since removed 
to the far Uresh, vig, David, Benjamin, Hannan, Anderson, Cynthia who married a Winkler, Nancy who married a Stone, John, Levi and Samuel, but 
whether they are now alive or not, this Court has no means of ascertaining.  Whereupon the Court ordered that
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the vane be certified to the department of the Interior. In testimony of all which I have hereunto subscribed my name and affixed my seal of Office at office in Morganton on this 23rd day of July AD 1853. W.S. Sudderth clerk of Burke County Court
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Copy.
L.M.H.   May 23, 1906.
Mrs. H. F. McNaught,
Hermiston, Umatilla Co.,
Oregon.
Madam:-
In reply to your letter dated the 13 th instant and
received on the 17th, you are advised that it is alleged inthe
claim, Rejected File No. 3, 756, that John Franklin, was born
near Stump Fort, Virginia, and resided in Burke Co., North 
Carolina, when he enlisted and served as private in the North 
Carolina
troops as follows: in 1777 under Captain Charles Mc-
Dowell, three months; spring 1778, under Captain James McFar-
land, Colonel Charles McDowell, three months; Winter 1778 and
1779, under same officers, three months; last of 1779 and
first of 1780, under Captain Samuel Williams, Colonel John Sevi-
vier, six months. In the Fall of 1780, joined the British
troops under Patrick Ferguson, served eleven days, and was ta-
ken prisoner at the battle of King's Mountain, and made to
serve in the American Army for eighteen months from the Summer
1781, under Captain Samuel Williams, Colonel John Sevier, of
North Carolina, and Captain Donalson (or McDonald), Colonel
Maham, of the South Carolina troops.
He applied for pension November 1, 1834, at which time
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Mrs.H.F.McNaught.   -2-

he was a resident of Burke county, North Carolina, and seventy-
five years of age, and the claim was rejected on the ground of
his failure to furnish satisfactory proof of his alleged service.
John Franklin died September 30, 1837, leaving a widow
whose name is not mentioned.
Their children were: Abraham, David, Benjamin,
Harman, Anderson, John. Levi and Samuel Franklin, Phoba
Erwin, Margaret Coleman, Cynthia Winkler, and Nancy Stone.
The above is the only claim filed on account of the
services of any John Franklin in the North Carolina troops,
Revolutionary War.
Very respectfully,
Commissioner.
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[crossed out] Acts of July 14, 1862, and March 9, 1873. 
3756
P.O.__
John P Franklin
Service: __
[stamped with rejected] Enlisted: __, 18
Discharged: __, 18
Application filed: __, 18
Alleges: __
__
Re-enlisted: __
__
Attorney: __
P.O. __
__
__ Recognized.   __ Contract.
May 4, 1905 History to
Mrs. Helen F.M. Sayer
Hermiston, Ore.
1906 May 22 History to
Mrs. H.F. McNaught. C
Page 17

[illegible] Thompson Jan 28 / 53

[illegible] in items [illegible] 13/53

Mr. Thompson
June 25 / [illegible]
[illegible line]
TL Clingman 
8 June 1854
Page 18

John Franklin
N. Carolina
Suspended
6 March 1835
Mr Hill Esq
Mr Roan 19 mar 35
R C Pearson 21 Jun "
Mr. Sudderth 5 Aug "
"      "             16 Sept "
"      "            [illegible] 1836
Hon Jon Graham Mar. 8 1837
Al Thompson  July 15/82
(over)
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Jny. 28 '53
June 13/53
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3-595.
O. W. AND N. DIVISION.
Department of the Interior
BUREAU OF PENSIONS,
May 19, 1906
Searched by Gill
Original No.
Certificate No.
Claimant,
Soldier John Franklin
Service N.C. Service
Rev. War.
Remarks:
No claim as above
except Rej. 3756.
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John Franklin, decd
N. Carolina
Wm Hill 6, March 1835. Wm
Roan 19 March 1835, R.C.
Pearson 25, June 1835. John
Suddeth 5 Augt 1835- same 16.
Sept. 1835- Same 4 Apr 1836-
Hon Jas Graham 8 Mch 1837- M
Thompson 15 July 1852 - same
Jany 28, 1853 - Secy Interior June 13
1853- M Thompson June 25, 1853 -
Thompson V wood Sep 8, 1853 - Hon
T.L. Clingman June 8, 1854 -[Sent
to Ct. of claims Mch 15 1856. Copies
sent to Secy Int for Ct. of claims Mch
24, 1856 - Copies sent to Court of claims
June 2 1856]
3756
1832
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John Franklin,
N. Carolina,
Suspended
Let 6 March 1833-
Mr. Hill, Esq
Mr. Roan 19 Mar 33
R. C. Pearson 25 June "
Inc Sudderth 5 Augt "
"      "             16 Sept "
"      "              4 Aprl 1836
Hon Jus Graham 8 March 1837
Hon M. Thompson 15 July / 32
M Thompson Jany 28/33
Secy Interior June 13/33
M. Thompson " 23 "
Thompson Wood Sept 8 "
Hon T. S. Clingiman June 8/34
Sent to Court of claims
March 15/56
Copies sent to Sec. Interior
for Court of Claims
March 24th 1856
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John Franklin
-
Entered
same on file
when decided by
Secy of Int
written to to June 13/53
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Comptroller General's Office
Columbia So. Cal.
29th March 1853
No 992
Lib X
Issued the 28th October 1785 to John Franklin for Twenty one pounds
four shillings and three pence for Duty in 1781 & 1782 per account
payed by the Commissions
Principal £ 21.4.31/4
Annual Int. 1.9.8. No. 55
992 no 55
X
29th Oct 1785 John Franklin for 297 days duty
in Militia from 20 April 1781 to July 5th 1782
Charged £ 21: 2: 101/4
add more         1   5
£21: 4: 31/4
State South Carolina to John Franklin Dr LSS
1781for 200 days duty done in Colo Ricard Wimms Regt in
Leapt Anderton Momai's company, commencing February
10th 1782 and ending April the 4th both day inclusive
54 day at 10ps day
1782 for one tour of duty done at Foxhole Bridge in Capt Amos Davis
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{unintelligible} 
Colo. Richard {unintelligible} Regt. commencing
May 4th 1782 and ending July the 5th 1782 both
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"January 11th 1785 received this day of Mr Thomas Lewis full satisfaction for my acct (against the public) of one hundred and forty eight pounds old currency and desire the commissioners of the treasury to [prove?] an [indent?] or [indents?] as may appear to be one to me to the said Thomas Lewis together with the interest due or may become due on the same and this shall be your sufficient receipt for the same, given under my hand the day + date above.  John (his mark) Franklin"

[writeup?]
"Amos Davis JP"

I do hereby certify the foregoing to be a true copy as taken from the records of this office.  

Hon Comptroller Genl
W F Arthur
Deputy

(no seal of office)
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Washn. City -
April 18, 1853

To,
L. P. Waldo, Esq.
Comr. of Pensions
Dear Sir: - 

Enclosed is the certf. of the Comp. of S.C. of the service of John Franklin, for pensions under the Act of 1832.

Very Respy,

M. Thompson
atty
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State of North Carolina
Secretary of State's Office

I William Hill Secretary of State in and for the state aforesaid, do certify that the name of John Franklin is not to be found on the musterrolls of the continental line of this state in the revolutionary, or any other document in this office affording evidence of service in said line.
Given under my hand this
12th day of March 1835
W Hill

Col John Sevier was a Militia Officer and went against the Indians in the Western part of this state, not a part of Tennessee but was not part of the Continental line.
W Hill
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State of North Carolina
Comptroller's Office

I, William J Clarke, comptroller of public accounts in and for the state aforesaid, do hereby certify that it appears of record in my office, among the payments made by said state to [sundry?] persons for military services in the revolutionary war, as follows, to wit: 
John Franklin

Book no. 4 page 8, [footsie/pound symbol] 5 S2 apiece

"          "  6 page 43, [footsie/pound symbol] 25 S5 "

"          "  8 page 1, [footsie/pound symbol] 2  ___  "

Indent or army certificate no 1471 [inspected?] by the auditors of Salisbury District October 15th 1783 for [footside/ pound symbol] 22 S5 apiece, which does not appear to be entered on any of the books now in this office

In testimony whereof I have here subscribed my name and affixed my seal of this 1st day of April AD 1852

Wm J Clarke Compt'rl
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Morganton N. C.
8th June 1835
Sir,
I enclose you herein a statement from the Court Govt of S.C.  relative to the service performed in favor of the svc during the war of the Revolution by John Franklin. The declaration of John Franklin for a pension under the act of congress of the 7th  June 1832 is now on file in our office and it is his pen by him that you will compare the enclosed with his declaration heretofore made.
Mr. John Sudderth is gentleman of respectable standing informs me that he is satisfied that John Franklin of this County whom declaration I allude to above is the individual alluded to in the enclosed. You will however be enabled to judge better by comparing this with the declaration, due allowance however  should be made an account of the lapse in years, loss of memory and mind and  in fact allow me to day that altho Mr. F. is not yet so very aged he
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knew but little about the kind of service for  foresaid by him whether in the Militia or Continental Line.  It would appear from the enclosed that Franklin rendered an aft against the State of S.C. and made oath there to - the inforcer etc. S. that such is not the case, that he never recd. any compensation for services aforesaid during the Revolution,
Wm. Sudderth is clearly of opinion from his statement and the detail given of his services, the officers whose names he remembers the places where he was engaged at. At that he is the identical person who really performed such service as set forth in the enclay is aft but believes that is he made oath before Davis as set forth he never recd anything as a compensation for his claim.
Very Respectfully
R. C. Pearson
J. L. Edwards Esq
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(Stamped) Free Free
(postmark) Morganton NC Sep 8
(handwritten) NC Sept 15

JL Edwards Esq
Commifsioner of Pensions
Washington City
D. Columbia
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Morganton N.C. 5th. Sept. 1835 Sir al though Mr Franklins statement may be somewhat  contradictory Yet he did preform an 18mo tour under Genl. Marion in S.C. there is scarcely a shadow of doubt and is believed by all his acquaintancy. {unintelligible} he may have not described precisely the manor in which he preformed the duty. A few moments conversation on this subject would convince you that he was actually in the service under Marion. It would seem that (nearly worn out as he is he could not pressure any evidence in sufficient of his claim and {unintelligible} the claim can be abandoned on the evidence now before you he request that you enclose and send back the certificate of this {unintelligible} 
of S. Carolina. On conversing with Franklin he says that where he was {unintelligible} from he had not a shadow of help that he would get paid for his service al though his officers told him that S.C. would pay him and being anxious  to return to N. Carolina  he informed his Captain to act for him,  who promised to get his money and send to him in N. Carolina. Then some years after that he understood that his captain was dead consequently he abandoned the claim. On {unintelligible} in the Secretary's office in the state of S. Carolina I find that an order for his pay is filed and accepted and the amount of his claim be paid over to his agent. The claim is before you and if it cannot be allowed please enclose to me (at the request of Franklin) the certificate of the {unintelligible} of Yours Respectfully  {unintelligible}
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Washington [Feb?]- 15th 1852

Hon Jas E Heath
Commiss'r of Pensions

Sie I herewith inclose a certificate from the comptrl gens of No Car showing at (underline) least (underline) two (underline) years (underline) service in the revolutionary war by (underline)John (underline) Franklin of [unknown]

[unknown] is no legal or valid objection to his claim that he also served in the ranks of the British or Tories either by compulsion or otherwise

[Submitting?] that he did serve in the ranks of the enemy, it cannot be legally
Page 35

[maintained?] that he is any less entitled under the law to a pension for so much service as he is here shown to have served in the American ranks.

The act of congress provides for the payment of pensions to those who [served?] was less than [illegible] months in the revolutionary war + makes no allusion to ideas not [discriminate?] between British tory or whig service and consequently leaves [you?] no such arbitrary discretion as I understand has hith-erto been [exercised?] by your predecessors in this case.

And [illegible] if [will?] was be [contended?] that he [must?] be
Page 36

entitled to a pension for services performed exclusively in the ranks of the British or torries (although the language of the law is so general as to susceptible to a literal interpr-etation embracing even this letter [class?] of cases but that is clearly not its spirit) [illegible] os confidently maintained that has "John Franklin" stood in service of the British or torries and [follow?] every signer of the Declaration of Independence Gen'l George Washington and every other patriot general he [should?] be none the less entitled under the law to a pension for the services satisfactorily shown to have been performed by him
Page 37

in the American or Whig ranks in support of American Independence.
This being clearly the true interpretation of the act of Congress, I will not advert to the extenuating and compulsory circumstances under which it appears he served on the side of the enemy.
I leave the honor to be respectfy  your obd sevt
M. Thompson
Atty for Franklin
Page 38

Washington Sept. 17th 1852
Hon. J. E. Heath
Comm'r of Pensions

Sir
I herewith inclose [enclose] affidavit of Margaret Coleman, daughter of John Franklin decd. of N.C. which takes the case of the latter out of the statute of limitations and authorizes and requires a reexamination of that claim, upon which, it will be seen that a pension is due

I have the honor to be 
Respectfully your
Obd. Servt.
M. Thompson
Atty. for Franklin
Page 39

Washington Jany 29th  1853
Hon. A. H. H. Stuart
Secy of Interior
Sir
The claim of John Franklin of N C under act of June 1832, has been pending in your office [smudged] for many years; and on the 15th Apl last, 2 filed record evidence, establishing the form clearly and legal you will find upon examination, yet on the 5th July last, the claim was rejected, and from that rejection, I appealed to you, and again appeal to you for justice in the premises. 
This claim in request
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order, would long have been acted upon finally.

The claim of Barbara Glover widow of John Smith of Georgia, has been long pending in your dept. and was suspended some months since by the comm's. this action affirmed by you and since which affirmation, I have placed on file, that with additional evidence, and now appeal to you for the most speedy adjudication of the claims.
I have the honor M Thompson Atty for Glover
Page 41

[A lot of bleed through from the page but some can be read through it.  More of a notation of what follows]

47 M Thompson
Jany 29, 1853
Rel. to claim
John Franklin

Respg Ref Coms;
Pension for report
Jany 31, 1853
Page 42

[Bleed through makes it difficult to transcribe. It is a notation of what the document is referring to.]

Washington D.C.
Janry 6, 1853
M. Thompson

Ref: to the reajudication of the claim of John Franklin of N Carolina placed in file is the pension office in Febry [cannot decipher maybe Nash]

Respg refered A M Comm of Pearse of for reports Dept of Int Geor
May 17, 1853 [smudged]
Page 43

Washington Jany 16th 1852
Hon. A. H. H. Stuart
Secy. of the Interior
Sir
In Feby. last, I place on file, in the pension office, a power of atty. from the proper party, asking a indication of the claim of John Franklin, of North Carolina, made under act of 7th June 1832, and very soon thereafter, also placed on file, record evidence, establishing the claim with an affidavit from the proper party, showing said evidence not to have been attainable, or within the knowledge of the claimant of the period of any former adjudicate claim, and that the forms
Page 44

[Folded and bleed through from back page, difficult to transcribe]

NC the state the case that of the five year may offer action was not been had upon the county [?]
I therefore appeal to you from the nonaction of the comms. of pensions, as this claim would in regular on[ce] have long since been read and acted upon, the result of which action, if have not even being questionable, the claim being so conclusive established.  
This claim should not have been thus postponed being inferior to none in meritorious and legal character.  
A delay of justice often amounts to a denial of justice
I have the honorable
M. Thompson
Page 45

Addl. evidence
case of
John Franklin dec.
N.C.
Act June 7 1852

Col. M. Thompson
Present
Page 46

State of North Carolina
Burke County }
On this 10th day of May 1853 before the undersigned our of the acting Magistrate for said County of Burke personally came James Avery who being duly sworn and his oath deliver that he was well acquainted with John Franklin dec. late of Burke County N.C. that he was engaged in the mercantile business for many years in Morganton that the said John Franklin had for a long while dealings with him in a small way that he over not known certainly that John Franklin of whom he speaks could write that he might be able possibly to write his name in a bad hand which he may sometimes have done but that he has known him to make his mark, and Deponent thinks he more frequently made his mark
Page 47

Deponent further states that Franklin was a man of good character, respected and believed by those who knew him to have been a soldier in the war of the Revolution and that he concurs in that opinion
Sworn to I subscribed before me date first above written.
R. C. Pearson J.P.                 James Avery

I R. C. Pearson an acting magistrate in office the County of Burke and State of NC do hereby certify that the affidavits made by John Sudderth and James Avery herewits appeared were this day verified before me an oath and further that I have known them both for thirty years and that their statements are entitled to credit this 10th May 1853
R. C. Pearson J.P.
Page 48

I am well acquainted and have known for the last fifteen years both John Sudderth Esq and James Avery Esq. They are both men of highly respectable standing and entitledto the highest credit. I have no doubt whatever of the truth of their several statements
T. L. Clingman M. C.

I Wm Sudderth clerk of the Court of Pleas and Quarter Sessions for the County of Burke and State of North Carolina do hereby certify that R C Pearson who has attested the foregoing affidavits made by James Avery and John Sudderth is and was at the time of doing the issue are Acting Magistrate for our said county of Burke and that the foregoing signatures purporting to be his and genuine
In testimony whereof I have hereunto offered my seal of office I subscribed my name this 18th May 1853
W S Sudderth C C C
Page 49

County Claims
Asst Clerk of 
May 6, 1857

Enclose an order of the Court for the papers in the case of John Sudderth adm. of John Franklin dec. for a pension under the act of June 7, 1832,

Respectfully referred to the commissioner of pensions for compliance in the usual manner
Deponent
May 8 '57 }

Moses Kelly 
Chf Clk

Rec'd 8, May '54
Mr. Pritchelle
Page 50

court of Claims
Washington May 6th 1857

Sir,
I transmit herewith and order of the Court for the papers in the case of John Sudderth adm. of John Franklin decd.
Very respectfully
Your obd servt [obedient servant]
E M Garnett
Asst Clerk NC

Hon. Jacob Thompson
Secretary of the Interior }
Page 51

[Typewritten]
March 19, 1835
To William Roan.       Copy [handwritten]
Sir:
I have rec'd from the Secretary of State of N. C. a certificate by which it appears that the name of Jno. Franklin is not borne upon any of the rolls in N. C.  Mr. Franklin's statements are highly improbable.  Col. Sevier, under whom he alleges to have served 18 months was not of the Continental line, neither did he ever perform the services in the militia as set forth in the applicants declaration.
The claim is rejected and the papers placed on file.
Page 52

The Ref.  June 5th 1854
Sir
You will oblige me by letting the case referred to in enclosed letter reexamined.  I have so much confidence in R. C. Pearsons judgement that I am induced to make the request please cause the letter of Mr. Pearson to be returned to me
Respectfully 
T. L. Clingman

Hon.  L. P. Waldo
Page 53

[Envelope]
[Stamp:] Morganton Nov 10 N.C.
[Received] Nov 17
[handwritten] Jn Franklin
NC
Mail

[stamp:] FREE
War department
J L Edwards Esqr
Commissioner of Pensions
Washington City

[upside down written]
John Franklin
NC
Waiting for the reception of proof alleg [alleged] to have enlisted for 18 mos 1781 NC
no proof furnished
HH [not sure]
Page 54

Morganton NC. 8th November 1834
Sir Enclosed is the application of John Franklin for a pension. I have written on today to the Secretary of Sate for NC asking information as to the applicants name being on the roll of the North Carolina Line. I think it probable that it is not for there is a report in circulation in this mountain region that Col Seviere enlisted a kind of Volunteer Corps in the mountains of North Carolina now called East Tennessee and Marchad then on his own responsability and joined Green and that they were then taken into the service. However the applicant John Franklin insists on it that at the time they joined Green they were called Regulars I will in due time notify you the answer no. [number] Hill (Secretary) gives me
Your very respectfully
Wm Roane
Page 55

No. 1
John Franklin
N. Carolina
32.656
Page 56

(B)
State of North Carolina 
Burke County }
Came before me John Sudderth in as acting Justice of the peace for Burke County Thomas Craig is a Clergyman residing in the county of Burke North Carolina and Conrad Crump in residing in the same, who hereby certify that we are well acquainted with John Franklin who has subscribed and sworn to the annexed declaration that we believe him to be 74 years of age and 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.
Thomas Craig
Conrad Crump
Sworn to and subscribed before me on the 6th day of November 1834 and I do further certify that Thomas Craig who has subscribed and sworn to the above is a minister of the Gospel resident in the County of Burke, and also that Conrad Crump; both of them well known to myself and their statement on oath are intitled to full Credit.  I also certify that I am the same person who swore to and certified the annexed affidavit Marked A. In testimony whereof I have hereunto sit my hand and seal as a justice of the peace in and for the county of Burke in the State of N Carolina
John Sudderth JP  [seal]
Page 57

Account Certificate of 
John Franklin
Revolutionary services.
no. 3

Fee $3/2.o by W Irwine
Page 58

The State of South Carolina
By His Excellency,
George McDuffie esq.
Geo McDuffie Governor and Commander in Chief in and over the state aforesaid.
To all to whom these presents shall come.
Know ye that William Saval is Comptroller General of the state of South Carolina. Thus John T Seibel whose signature is affixed to the certificate on the annexed sheet of paper is and was at the time of signing the same, his lawful deputy, that his certificate is in due form and by the proper officer
Therefore, all due faith, credit and authority is and ought to be had and given to his proceedings and certificates as such.
In Testimony whereof, I have hereunto set my Hand, and caused to be affixed the Seal of the State, in the Town of Columbia the Thirteenth day of May in the year of our Lord, one thousand eight hundred and thirty five and in the fifty ninth year of the Independence of the United States of America.
By the Governor,
B. H. Saxon
Secretary of State
Page 59

Court of Claims
Washington May 5, 1857
John Sudderth Adm.
of John Franklin dec
vs.
The United States }
In this case the court made the following order to the Hon. The Secretary of the Interior. You are hereby requested to furnish to this court that the same maybe used as evidence in the above case, the declarations of John Franklin of North Carolina and affidavits in support of this application for pension under the Act of June 7. 1832. Together with any other information in your department tending to elucidate said claim.
A true copy of record in testimony where of I have here unto set my hand and affixed the seal of said Court at Washington this 6th day of May 1857
E M Garnett
Asst. Clerk NC.
Page 60

James L Edwards Esq.

Commifsioner of Pensions
Washington City

(upside down) No 4
Page 61

State of North Carolina }
Burke County }  To wit.
Personally appeared before me the subscriber a Justice of the peace for the county aforesaid Major Jacob Forney an aged and venerable man and an officer and soldier of the revolution and deponent, and saith that for a long time some fifty five years more or less the deponent has been intimately and with acquainted with John Franklin of the County and State aforesaid and who has uniformly maintained the reputation of a peacefull, industrious, and honest citizen and who at the commencement of the American revolution took the side of the King and fought with the Tories against the revolutionary cause at the battle of Kings Mountain and at that event was taken prisoner among the rest of Tories taken at the same time and place fighting under Colonel Ferguson against the cause of liberty and that afterwards the said John Franklin changed sides and attached himself to the cause of liberty and revolution and, as this deponent has uniformly understood and without being controverted verily belies was marched into South Carolina to the low country near the city of Charlestown within quota of militia men in acquision from North Carolina to assist in protecting the country in South Carolina from the invasion of the British army under the command of Lord Cornwallace then in passing having taken the City of Charleston South Carolina and the command of Colonel Seviere, and at the expiration of term of service of the said quota of militia from North Carolina so marched by Col. Seviere, the said John Franklin was (as the deponent has been repeated informed without contradiction and veryly believes to be here retained in Seviere thro the influence of the said Col. Seviere against him as a punishment for his first opposition to the revolutionary cause of his country and was handed over to the command of Genl Marion who commanded the whigs in that part of South Carolina including
Page 62

including Monks corner and Orangburg, and in that service remained under Genl Marion unlike he served out near about eighteen months as this deponant has good reason to believe to be true and the deponant feels bold being strongly supported by a conviction of both; in stating that the said John Franklin is equally entitled to be allowed a pension of a revolutionary soldier, and, more so than some others that have come within my own knowledge that have been allowed, and, drawn pensions from the General Government and further this deponant saith now.
Jacob Fromey
Sworn to before me this 15th February 1837 and subscribed... Test.
W. C. Erwin J.P.
I Joseph J. Erwin Clerk of the Court of Pleas and quarter sessions for Burke County certify that William C Erwin is a magistrate as above said that the foregoing signature purporting to be his is genuine
In testimony whereof I have hereunto affixed my seal of office and subscribed my name this 15th day of February in the year 1837
J. J. Erwin Clerk
of the court of Burke
Page 63

State of North Carolina
County of Burke }
On this 10th day of May AD 1853 before me the undersigned one of the acting Justice of the Peace in and for said County personally appeared John Sudderth, who having duly sworn according to him declares that he was well acquainted with John Franklin decd. of said county that he knew him for upwards of 45 years before his death, that know his earlier and acquaintance with the dd [deceased] Franklin it was said that he was a soldier in the war of the revolution and he was so reputed and believed in the country where in he resided that he (the deponent) had at serving  times business trade actions with him that he could write his own name but that he wrote a bad hand and thinks he more frequently preferred to
Page 64

make his mark.
Deponent further swears that at the time the said Franklin had his declaration prepared for a pension under the Act of 7th June 1832 he lived on his (Deponent) land and that he heard him on that occasion detail the particulars of his service in the war of the Revolution, that he often times heard him speak of belonging to "Sumpters Brigade" and having served in the So Carolina Militia, or state troops that deponent regarded Franklin as a very correct honest man owe that we denied important services in behalf of his country in her struggle for independence that he was withal poor and needy and believing that his claim to a pension may just beyond dispute, he (deponent) interested himself in getting the old gentleman claim for a pension allowed that in the life time of the said John Franklin he (deponent) procured from the records
Page 65

in Columbia S.C. a certificate of the services of the said Franklin which he gave hence to be forwarded with his declaration - that the [contents?] of the certificate referred to his ser-vices specifically under [Genl?] Sump-ter, and as well, as he [willingly?] comes [forward?] with what he alledg-ed in his declaration - [deposant?] Jonathan swears that he does not re-member was to have heard Frank-lin say he served in the "Continental [liese?] or army" (crossed out 'and'] such that as he [unknown] stated his services were render-ed in the S.C.militia, and if any such [unknown] is used in his decla-ration as would convey the idea that he served in the "Continental - [liese?]" it was as error made by the person who made his declaration and was not intended to be stated by the said John Franklin.

Deposant concludes this affidavit by stating that from the characters [?] of the Franklins [sustained?] during the many years that he knew him, & from what he has heard him
Page 66

day of his services during the revolutionary struggle that he was denied important services see the State of S.C. in accepting Brigade and that the evidence on file in the office of the Compl Genl. of S.C. referring to John Franklin attached to accepting Brigade alludes to John Franklin dec [deceased] late of Burke Co. N. C. whole daughter is now an applicant for a pension on account of the services of her Father.
Further the depossessed  saith and sworn to and subscribed before  me the day and year. final above written.
Depossessed states also that he often times swore John Franklin speak of our Davis [underscored] as his Capt and that when he left the service he gave him authority to receive certain pay due him and that he never after met with him or see his said pay.
R. C. Pearson J.P.
Page 67

[same envelope right side up]
[addressed to]  J. L. Edwards Esq.
Comm. of pensions
Washington City
D.C.

[off to the left side of address is stamped]
Morganton NC 
Jul 24
[written to the side of stamp]
N. C.  Aug 3

[at the bottom]
part 2 
Jn Franklin
Supp
NC
Page 68

[upside down envelope]

part 2
Jn Franklin
Suppl.
NC

[addressed to]
J. L. Edwards Esq 
Comm. of Pensions
Washington City
D. C.

stamp: morganton N.C. Jul 24
[written on side] N. C. Aug 3
Page 69

Morganton N Carolina 18th July 1835

Dr Sir
At this request of Mr. Franklin I send the annexed, declaration and affidavit which he wishes to be added to and received as a part of his declaration now on file in your office.
That he did render the service as described against the Indians and the 18 tour against the Brittish there is no doubt and on conversing with him on the subject he says that he did not then know the difference between the contineltal [continental] line and the militia. Franklin is a man of good character and known in his circle of acquaintance as a man of truth on conversing with him any inteligent man would be convinced that he performed the service for which he is now claiming a pension.
Any mistatement that he may have made us to enlisting under Col. Sevier he charges his Attorney Mr. Roan with, in drawing the declaration. He says that he knows of no person now living who was in service with him in S. Carolina, as to the tours against the Indians. Stephen Ballew says served our town with him, and Col. John Carson he alledges has know [paper torn] services.
[paper folded over can't read] oppinion is that on the evidence now before you it is best to [paper folded over words may be upon allow] or reject the claim finally, as the claimant is too infirm to procure evidence and has no connection to do it for him, Mr. Franklin requests that you apprise, R.C. Pearson Esq. or myself what is the issue of his claim, whether allowed or rejected.
Respectfully
Yours of
Em Sudderth 
I L Edward, Esq. Comm of Pensions
Washington City
Page 70

Addl ev. [Additional evidence] in case of John Franklin dec. N.C.
Act 1832

Thompson Wood present.
Page 71

State of North Carolina
Burke County}
Know all men by these presents that John Sudderth, R.C. Pearson and S. A. Bettis are held and firmly bound unto the State of North Carolina in the sum of one thousand dollars current money of said State to the which payment well and truly to be made, we bind ourselves our heirs, Executors and Administrators jointly and severally firmly by these presents signed with our seals on this 23rd day of June A.D. 1853.
The condition of the above obligation is such that whereas the above founder John Sudderth hath this day been appointed administration upon the estate of John Franklin decd. Now therefore, if the said John Sudderth Adm, as aforesaid shall pay over to the proper person or persons all sums of money that shall come into his hand, as administrator upon said estate, and also all other all other estate of whatever nature that he my receive belonging to said estate then the above obligation to be void, otherwise to remain in full force and virtue signed and sealed on the day and year above written.
Seal  W.S. Sudderth Clk
John Sudderth   Seal
R. C. Pearson      Seal
S. A. Bettis          Seal

State of North Carolina
Burke County}
I W. S. Sudderth clerk of the Court of Pleas and Quarter Sessions in and for the county and state aforesaid do hereby certify that the foregoing is a full, true and exact copy of the Administration bond of John Sudderth Administration of John Franklin decd Taken from the original filed in my office.  In testimony whereof I have hereunto subscribed my name and affixed my seal of office on this 23rd day of June A.D. 1853.
Seal               W.S. Sudderth Clk
Page 72

Washington City
May 25, 1853

To the Com. of Pensions

Sir: - we now file evidence of the highest character, as certified to by the hom. T.L. Clingman, of the identity of John Franklin [underlined].

One the 18th of April last, we filed W.F. Arthur's certificate of service as taken from the S.C. records; and according to your letter of the 28th of January last shall now [underlined] expect a favorable decision in this case.

Very respectfully
Thompson Wood
Page 73

State of NC
Watauga County}
I A. W. Penly Clerk of the Court of Pleas and Quarter Sessions for the County afores. Do hereby certify that the Smith act instruct before whom the foregoing affidavit was made and who has attended the service is a magistrate for own said county of Watauga and that the foregoing signature surporting to be his is of received
In witness where of I have hereunto subscribed my service and affixed my seal of office at Boone This 31 day of Aug AD. 1852
seal [covered]
A.W. Pensly C.C.C.
By W L Allen Clk
Page 74

Comptroller Generals Office
Columbia S. C.

I do hereby certify that the within is a true copy of the original account of John Franklin, for his Revolutionary services as settled and filed in this office, for which an Indent, No. 992, book X for [British pound symbol] 21.2.10 1/4 stg was issued to him on the 29th Oct. 1785. accord by the Indent Books in this office and also appears that one when Indent No. 272 book X was issued to the said John Franklin on the 1st of Oct. 1784 for [British pound symbol] 94.0.0 stg. for other military services as a Private in Barnetts Troop, Ed Hamptons Regiment, Sumter's Brigade, State Troops, the original account for which is either cost on mistake, so that a copy cannot never be made out.
Given under my hand this 13th day of May 1835.
William Saval Compt. Gen
Per
John T. Seibels
Page 75

State South Carolina
To John Franklin Rep.
1781
To 200 days duty done in Col. Richard Winn's Reg. in Capt. Anderson Thomas Company, Commencing  April the 20th and ending February 1782 certified for Anderson Thomas Capt. at 10 / w pen day [British Pound symbol] 100.0.0 1782
To one tour of duty done at Orangeburg in Capt Amos Davis' Company Col. Richard Winns Regt commencing Feby 10th [word obstructed] and ending April the 4th to the days inclusive 54 days at  10 / in per day [British pound symbol] 27.0.0
1782
To one tour of duty done at Four Hole Bridge in Capt. Amos Davis Company, Col. Richard Winns Regt. commencing May 24th 1782 and ending July the 5th 1782, to the days inclusive 42 days at 10 per pen day    [British pound symbol]  21.0.0
                            [British pound symbol] 148.0.0
1 more          [British pound symbol]   21.2.10 1/4
Camden District 2 appeared before me John Franklin and made oath that he did the above mentioned duty in Col. Richard Winn's Regt. and Capt. Anderson Thomas and Capt Amos Davis' companies of foot militia and that the public stands justly endebted to him in above mentioned sum of one  hundred and forty eight pounds old currency.
Sworn to before me the 5th of May 1784}
Amos Davis J.P.
I do certify the above account of serving to be just and true
James Davis Lieut.
All one hand writing
see over
Page 76

A. Franklin
Son of John Franklin dec of Abram
P.r. of Atty
for
M. Thompson

Files Feby 12. 1852
W Clk
M. Thompson
February 12 [1852]
Page 77

POWER OF ATTORNEY  Revolutionary Pension Claims.

Know all Men by these Presents, That I, Abram Franklin son of John Franklin die ? late of Burke County NC hereby constitute and appoint Michael Thompson Esq my true and lawful Agent and Attorney, to prosecute the Claim of my Father for any amount of Revolutionary Pension, or Increase of Pension, that may be due; and I hereby authorize my said Agent to examine all the papers and documents in relation to said claim, on file in the Departments at Washington City, or elsewhere; to file additional evidence or arguments; and to receive the Certificate which may be issued for said Claim, which Certificate I wish made payable to myself to appoint one or more substitutes under him for the purposes herein expressed; and to do all things that I might or could do were I personally present.  Hereby ratifying and confirming all that my said Attorney and Agent shall lawfully do in the premises.
Witness my hand and Seal this 16 day Jany A.D., 1852.
A Franklin
Signed and Sealed in the presence of]
James T. Pearson

State of No Ca
County of Burke } ss:
On this 16th day of January A.D. 1852 before me, the subscriber, a Justice of Peace in and for the County aforesaid, personally appeared Abram Franklin and acknowledged the foregoing Power, of Attorney to be his act and deed, for the purposes therein mentioned.
In Testimony whereof, I hereunto set my hand, the day and year aforesaid.}
R. C. Pearson  J. Peace
Page 78

[Blank form]
Claim of 
Act of
State of
County } ss.
Be it known, That on this [blank] day of [blank] A. D., eighteen hundred and fifty [blank], before the undersigned, a Justice of the Peace in and for the County and State aforesaid, personally appeared [blank] a resident of [blank] in said County, and made oath according to law that [blank] he is the [blank] who was a Revolutionary Pensioner [blank] at the rate of [blank] Dollars per annum; that he is directly interested as a claimant in said Pension, and makes this affidavit to be filed with such additional evidence or arguments as my Agent may use in prosecuting said claim.
Sworn to and subscribed, the day and [blank] year aforesaid, before me.
[blank for signature]
J. Peace

I, [blank] Justice of the Peace, in and for said County do hereby certify that [blank] who executed the foregoing paper is a respectable resident of this County, and is, I believe, directly interested in said claim as therein set forth.
[blank for signature] J. Peace

I, [blank] Clerk of the [blank] Court in the County and State aforesaid, do hereby certify the [blank] before whom the foregoing papers were executed, was, at the date of the same, a Justice of the Peace in and for said County, duly authorized by law to administer oaths; and the name thereunto subscribed, is [blank] signature.
   In testimony whereof, I have hereunto subscribed my name and affixed my official Seal, this [blank] day of [blank] A.D. 185[blank].
[blank for signature]  Clerk.
Page 79

[Blank form]
State of 
County of] ss.

It is hereby certified that satisfactory evidence has been exhibited before me

that [blank] was a Revolutionary Pensioner of the United States at the rate of $ [blank] per annum and that [blank] died on the [blank] day of [blank] eighteen hundred and [blank] leaving surviving [blank] and that [blank] the only surviving [blank] of the aforesaid.

In Testimony whereof, I have hereunto set my hand and affixed my seal of office this [blank] day of one thousand eight hundred and fifty.
Page 80

State of North Carolina
Burke County}
This day apeared before me John Sudderth a justice of the peace in and for the State and County aforesaid John Franklin, who maketh the following statement on oath, in addition to his declaration and statement now on file in the Pension office, for the purpose of enabling him to draw a pension under Act of Congress for his services during the Revolutionary war; that he did render the services as set forth in his declaration, in South Carolina of eighteen months, and that he is as he doth verily believe the Identical man, as recognised in the certificate of this Comptroller Genl. of S. Carolina now on file that although the Statement set forth in his declaration may vary from the manner in which the services was rendered, yet he did serve 18 mo under Genl. Marion, that a part of the time he served as a horseman and a part as a foot melitiaman, that although his declaration may not be correct in stating that he enlisted under Col. John Sevier yet it is correct in part, as subsequently to his taking protection under the enemy the being in the King's Mountain Battle he was seeking for refuge in what is now Green County Tennessee, then N. Carolina that Col. Seveir did take him as a refugee, and informed him that , for his misconduct in taking protection under the enemy, that he should serve 18 mo., that he was immediately put under the command of one Saml. Williams then a Melitia [militia] Captain, and marched under Williams and in Company with Col. Sevier and his three months men, to South Carolina among, those that went to South Carolina in Company with him he now recognises, a Col. Charly Robison, Majr. Jessee Walton, and a Majr. McNab, all of whom he believes were then melitia officers and only served a 3 mo tour, That Col. Sevier intimated to claim and that he intended to place him under Genl. Green, that on arriving at the High Hills of Santee. Green were there with his men and about to dismiss them this was after the Battle at Telford, Camden Eutaw Spring, and ninety six. Claimant further states that Sevier and the whole of his men marched from the High Hills to a place where Marion was stationed on the Santee below Nelsons Ferry; that at that place he (claimant) was put under the command of Genl. Marrion and that at the end of 3 mo Sevier and the balance of the persons that went into service with him was dismissed and returned to S. Carolina,  that he deponant was detained and first served as a foot melitia, at a subsequent time he was placed in a company of horse under the command of Col. Maham, in which company a McDonato officiated as a Captain as he now believes he McDonato there riding a fine horse Col. Seler which he had got from a Tory or Brittish subject, claimant states that he was frequently in compaany with McDonato and Marian at the taking of Brittish subjects as prisoners, and that in one instance at a place called Monck's corner, that he assisted in taking
Page 81

[words scratched out] upwards of 80 Brittish prisoners; that he during the whole of the 18 mo was stationed at different forts in the swamps between Camden and Charlston that in one instance they marched within 5 miles of Charleston to burn and take a church called Wappataw or Wasamasaw [Wassamassaw or Wassa Massaw swamp] where the british was stationed, that when they arrived they found the church burnt and vacated by the Brittish, Marion's whole force was then present and on this march, that when the 18 mo had expired. Col. Maham told deponant that he might go home, as his time was expired, and that he never asked for or did he receive any written discharge the claimant again states on oath that he did perform the four tours of 3 mo each against the Indians as set fourth in his declaration previous to taking protection under the enemy; and states that Stephen Ballew who is now drawing a pencian [pension] served with him the 2nd tour that he served, at a place Callio Davisons Fort in Burke County. 
John Franklin
Sworn to and subscribed before me the 13th of July 1835
Jn Sudderth  JP
State of North Carolina
Burke County
I Joseph  J. Erwin clerk of the Court of Pleas and Quarter sessions for the County of State aforesaid certify that John Sudderth Esquire before whom the forgoing ammended declaration was sworn to as an acting my estate for said County duly appointed and qualified according to laws and that his signature is genuine in testimony when of I have hereunto set my hand and seal of office this 18th day of July AD 1835
J. J. Erwin  Clerk [seal was covered up with paper]
Page 82

[2 stamps]

Pension Office
U.S. A  May 17 1906

O.W. & N. Div.
May 18 1906
Page 83

Department of the Interior,
Bureau of Pensions.
Washington, D.C.

Dear Sirs:
Although we have no papers showing that my great, great grand father drew a pension, yet it is family tradition that he did so.
Will you kindly tell me if you have any records of him, as follows, he was John Franklin, Company C, of a North Carolina Reg. which was commanded by Col. Gideon Lamb, during the War of the Revolution.
I want this record to complete my family papers and to add bars of Revolutionary ancestors, in the society of the D.A.R.
Hoping that I may have this record,
I am very truly yours
H.F. McNaught
Hermiston,
Umatilla Co.,
Oregon,
May the 13th, 06.
Page 84

J.R.W.
Old War and Navy Division,      3-523.
Department of the Interior,
Bureau of Pensions.
Washington, D.C., Apl 11, 1905
Madam
In reply to your communication of a recent date, you are informed that this Bureau is unable to furnish a history of the service of any soldier of the Revolutionary war or of the war of 1812 unless he or his widow was a pensioner or an applicant for pension or bounty land; and that under the rules such a history is furnished only to the soldier's descendants, and to them only when it is desired for historical or genealogical purposes.
The large number of inquiries made on this subject, and the length of time required to make a proper search of the records in each case, will not permit of information being given to any applicant concerning more than two soldiers.
In order that the soldier concerning whom you desire information may be identified, you are requested to furnish as much as possible of the data called for below.
Very respectfully,                       [seal: Pension Office U.S.A Apr 20 1905]
Mrs. Helen F. M. Sayer                V. Warner
Hermiston                                    Commissioner
Oregon,

Full name of soldier, John Franklin.
Where did he enter service? North Carolina service from 1st July 1777, to Mar 1778.
Under what officers did he serve? Col Gideon Lamb 6th Regiment
Place of residence after service, Burk County North Carolina.
Approximate date of death, In 1813 at the age of 103 years.
Given name of wife, Phoeba Haven't date of her death as do not know which died first.
Did either the soldier or his widow receive a pension? Do not know.
Additional Information, This John Franklin (cousin of Benjamin Franklin) was my great great great grandfather, and such information as you can give me is to be used in the preparation of a History and Genealogical record of Franklin family.
Signature, Mrs. Helen F.M. Sayer
(Mrs. or Miss to be prefixed if a lady signs.)
Post office address, including street and number, town, county, and State,  Hermiston 
Umatilla County Oregon
12549b3m4 04
Page 85

The National Archives          Division of Veterans' Administration Archives
Form VAM 51
12-5-41         Bounty Land Warrant Record Card*

Name Franklin, John  Grade Private Line Virginia
Warrant Number 12121 Acreage 100 Issued April 13, 1791 to James Reynolds, assignee

* The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates.  Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800.  Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.
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The National Archives          Division of Veterans' Administration Archives
Form VAM 51
12-5-41         Bounty Land Warrant Record Card*

Name Franklin, John 2nd  Grade Private 
Line Virginia
Warrant Number 12133 Acreage 100 Issued April 1, 1791 to James Reynolds, assignee

* The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates.  Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800.  Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.