Revolutionary War Pension and Bounty Land Warrant Application File R. 10,783, John Twiner, Md.
Page 1

(3 - 1776) 
SERVICE 
Md

Twiner, John 
Judith 

NUMBER 
R. 10.783 

CONTENTS
Page 2

[left side]
24 Octo. 1831 . 

[right side]
19.764 
48.701
Mississippi
=================
John Twiner of Claiborne Co. in the State of Mississippi who was a private in the Company commanded by Captain Crush of the regiment commanded by Colonel Gunley in the Maryland line, for the term of 4 years---from --- 1778 to 1782.
=================
Inscribed on the Roll of Mississippi--- at the rate of 8 Dollars per month, to commence on the 16th day of February 1827. 
=================
Certificate of Pension issued the 27th of Apl. 1827, and sent to Amos Whiting, Port Gibson, Mississippi
=================
Arrears to 4th of Mar: 1827                $4.77 
Semi-anl. all'ce ending 4 Sept 1827. 48.00   
=====               
 $53.77
=====

{ Revolutionary Claim, Acts March, 18, 1818, and May 1, 1820 }
Vol. 10, Pa. 160
Page 3

The State of Louisiana  Parish of Bossier }
A true record of the marriage of John Twiner & Judith Peck and of the births of their children 
John Twiner and Judith Peck was married on the 1st day of Dec'r 1789 
Samuel Twiner son of John & Judith Twiner was born on the 10th day of March 1790 
Elizabeth Ranserval, Daughter of John & Judith Twiner was born on 2nd day of November 1791 
Frances Davis Daughter of John & Judith Twiner was born on the 27th March 1799 
Mary Willson Daughter of John & Judith Twiner was born on the 15th February 1801
George Twiner son of John & Judith Twiner was born on the 6th April 1805 
James Twiner son of John & Judith Twiner was born on the 25 November 1809
Page 4

State of Louisiana Parish of Bossier }
Be it known that on this the 6th day of April 1856 before me an acting Justice of the Peace in and for the parish and state aforesaid personally appeared Elizabeth Rannservall who being duly sworn deposes that the within Family Record is a coppy of the Family Record of her Father John Twiner of Claiborne County in the State of Mississippi who was a Revolutionary pensioner of the United States Affiant states that the original family record of her Fathers family was lost - that the said copy has been in her possession for a series of years and always has been and is now considered by her Fathers family as an authentic and accurate record. 
Sworn to and subscribed on the day and year above written before me and I certify that Elizabeth Rannservall above mentioned is a respectable and creditable person
[signed] Andrew Lawrence J. P. 
[right] her
[right] Elizabeth   X   Rannservall [X being her mark in lieu of signature]
[right] mark

Attest  
[signed] John L Applewhite 
[signed] Moley Lawrence
Page 5

State of Louisiana Parish of Bossier } Clerks Office 17th District Court 
I Asbury A. Abney Clerk of the District Court in & for said parish & State, do hereby Certify that Andrew Lawrence whose genuine Signature Appears to the foregoing affidavit is and was at the time of signing the same an acting Justice of the peace duly Commissioned and sworn in and for the Parish & State aforesaid, and that all his Official acts as such are entitled to full faith and Credit. 
Given under my hand and seal of Office at Bellevue this April 7th AD 1836 
[signed] A. A. Abney Clk Dist. Court

[illegible Court Seal affixed lower left]
Page 6

Power of Attorney 
of Frances Webb
daughter of Judith Twiner. 

Isaac N Coffin 
Washington D.C. 
Attorney
sent by Thomas Y. Barry
Page 7

POWER OF ATTORNEY. 
STATE of Mississippi COUNTY of Claiborne } ss
Be it known that before me, a Justice of the Peace in and for the county aforesaid, duly authorized by law to administer oaths, personally appeared ✵Frances Webb a resident ['of' thru] in the county of Claiborne in the State aforesaid, who being first duly sworn according to law, states that she is † the daughter of John and Judith Twiner in the county of Claiborne and State of Mississippi who was a revolutionary ‡ Soldier and that she believes the United States are still indebted, under existing laws for the pension that was due under the application heretofore made, and that she is directly interested as a claimant in the pension for which application was heretofore made as aforesaid, and constitutes and appoints ISAAC N. COFFIN, of Washington , D.C., her true and lawful attorney, with irrevocable power to examine into, investigate, and establish the claim for said pension, and do all acts necessary thereto. 

In witness whereof, she has on this 5th day of November 1852, hereunto signed her name, and affixed her seal, 
[right] her
[right] Frances   X   Webb [X being her mark in lieu of signature] { SEAL. }
Witness: 
[signed] J. Y. Barry 

Signed, sealed, acknowledged, and sworn to before me, on this 5th day of November 1852.
[signed] E. Briner J.P. { seal }

STATE of Mississippi  COUNTY of Claiborne} to wit:
I, Jas A. Gage clerk of the Probate court, of the county and state aforesaid, do hereby certify, That E. Briner before whom the foregoing power of attorney was acknowledged and affidavit made, was at the time of so doing a Justice of the Peace in and for the county aforesaid, duly commissioned and sworn, and that his signature above written is genuine. 
In testimony whereof, I have hereunto set my hand, and affixed the seal of said Court this 5th day of November 1852 
[signed] James A Gage Clerk Clerk  
for W D Denney D. Clerk 

✵ Here, if the soldier or officer is living, insert his name; if he is dead, and the widow is living, insert her name; if both dead, insert one of the living children's names; if the children are all dead, and either of them survived the former unsuccessful applicant, insert the name of the administrator of that former applicant. 
† Here, if the soldier or officer is living, insert his name again; if the widow is living, insert the words, “widow of," and the name of her husband; if both dead, insert the words, “son or daughter of and name of the former unsuccessful applicant. 
‡ Here insert the word "soldier," or "officer," whichever he was.
NOTE. -- When a female is the person who executes this paper, please put the letter s before the word he in every place where it occurs.
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✔ No 7698- 
Judith Twiner of John 
Mississippi 
The Declaration of Judith Wid [Widow] of John Twiner dec'd 
For a Pension

Address Jas A. Maxwell 
Port Gibson Miss
Page 9

The State of Mississippi Claiborne County}
Before Nickolas McDougall Esq Judge of Probate of said County }
Be it remembered that on this Tenth day of September in the year one thousand eight hundred and forty personally appeared before the undersigned Judge of Probate in and for said County Judith Twiner a resident of Claiborne County Mississippi aged sixty Nine years who being first 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 act of Congress passed July 7 1838 entitled "an act granting half pay and pensions to certain widows" That she is the widow of John Twiner who was a private soldier in the revolutionary war; that she has no knowledge of the service of said John Twiner having married him after the termination of his last period of service at the time herein after stated but that she has often during the life time of said Twiner heard him speak and tell of the services aforesaid and that from the best of her recollections of the declarations of said John Twiner he first entered the service in Fredrick Town Maryland some time in the year 1775, under an enlistment for six months. - The second period of service was in the 7th Maryland Regiment under Col. Gunby which was for three years, one of his Captains during that period was named "Petty", & the commissary Genl. named "Pendergrass", that the third period of service of the said John Twiner was under the same Colonel (Gunby) and continued during the war that she cannot state all the battles in which said John Twiner was engaged nor
Page 10

the country through which he marched, but she has heard him declare that he was in the battles of Trenton, Brandywine, Camdon, Saratoga [illegible] & other engagements, but she states that the said John Twiner was a pensioner at the time of his death and received his pension from Gabriel Tichener at Natchez Miss and she presumes that the declaration of said John Twiner is on file in the Pension office at Washington to which she refers for greater certainty as to the services of said John Twiner.
And she further declares that she was married to the said John Turner on the twenty sixth day of November in the year seventeen hundred and eighty nine (November 26th 1789) that her husband the said John Twiner died on the twenty fourth (24th) day of October in the year eighteen hundred and thirty one, at Claiborne County aforesaid, that she was not married to him prior to his leaving the service but the marriage took place previous to the first of January Seventeen hundred and ninty four to wit at the time above stated and that she has never been married since the death of said John Twiner and this applicant further says on oath that she was married at the time aforesaid by Gilbert Christy a legally authorized person in Sullavine County Tennessee on the Houlston River, and that from the period of said marriage to the time of the death of said John Twiner, they continued to live & cohabit together as husband and wife and that during that period they had thirteen-- children, that she cannot State whether any record evidence exists of the said marriage nor does she know of any person or persons now living who were present at said marriage and she does not believe that any such witnesses now exist, that she had in her
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posession a family bible which contained a record of the ages marriages, births and other particulars of said John Twiner and this declarant in wich was recorded in the handwriting of S. Peck her uncle, --the date of the marriage of said John Twiner and this applicant which said record was made some time in the year _____ or thereabouts , that said family record was accidentally destroyed by falling into a pot liquor which so defaced & destroyed the same that it was thrown away and has be come lost & destroyed so that it is not in the power of this declarant to forward the same to the war department with this declaration .
[right] her
[right] Judith   X   Twiner [X being her mark in lieu of signature]
[right] mark

Sworn to & Subscribed before me 10th September 1840
[signed] N. McDougall J.P.
Judge of Probate 

The State of Mississippi Claiborne County }
I N. McDougall Esqr in Judge of the Probate Court in and for said County and before whom the foregoing declaration of Judith Twiner was made subscribed and sworn to do hereby certify that said applicant cannot from bodily infirmity attend Court at the place of the Sessions thereof for the purpose of making said declaration.
In testimony whereof I have hereunto set my hand & seal on this 10th day of September AD 1840 
[signed] N. Mc Dougall { Seal } 
Probate Judge
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The State of Mississippi Claiborne County }
I Fredrick J. Poor Clerk of the Probate Court of said County do hereby certify that Nicholas McDougall Esquirier before whom the foregoing declaration of Judith Twiner was made & who signed the foregoing certificate was at that time & Now is Judge of the Probate Court of said County, his commission and oath of office being of record in my office, and that the signature affixed to the jurat of said declaration & to said certificate are the true and genuine signature and sign manuer of said N. McDougall Judge as aforesaid to me known to be such 

In testimony whereof I have herein to set my hand and the seal of said Court on this 10th day of September AD 1840 
[signed] Fredr. J Poor Clk

The State of Mississippi  Claiborne County }
I N. McDougall Esquire Judge of the Probate Court of said County do heerby certify that Fredrick J. Poor whose name is signed to the foregoing certificate was at that time & now is Clerk of said Court, and that the above is the true & genuine signature of said Fredrick J. Poor Clerk as aforesaid and that the above is an impress of the seal of said Court & that the above certificate of the said Poor is in due form of law. 

In testimony whereof I have here unto set my hand and seal on this 10th day of September AD 1840 
[signed] N. McDougall { Seal }
Probate Judge
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The State of Mississippi Claiborne County }
Personally appeared before me N. McDougall Esquire a Justice of the peace in and for said County Francis Webb of said County who being by me duly sworn on oath deposes and says that she is well acquainted with Judith Twiner whose declaration accompanies this affidavit, and that she knew the said John Twiner in his life time since dec'd who was at the time of his death a pensioner of the United States for services in the Revolutionary War, that she has known and been intimately acquainted with the said Judith Twiner for thirty --- years last past, and the said John Twiner for the same period excepting the period since his death, that during all the time aforesaid until the death of said John Twiner they the said John Twiner & Judith Twiner lived and cohabited together as husband and wife and always acknowledged themselves to be such and were so acknowledged reputed and held by all persons to whom they were known and further that she has often heard the said John Twiner say before his death & before he ever received a pension from the United States that he and the said Judith were lawfully married at the time stated in the declaration of said Judith which has been read to and explained to this affidavit and that she has heard said John Turner make the said declarations at least thirty years ago and that she verily believes that they were husband & wife married at the time stated in said declaration,
Page 14

And this affiant further says on oath that she has seen the family record mentioned in the declaration of said Judith, and knows that the same did exist and that the same was destroyed as stated therein, that she has known said family record to be in existence as far back as ['the year' lined thru] as thirty years ago and knows that the marriage of the said John Twiner & Judith Twiner, was recorded therein, as stated in her said declaration 
[right] her
[right] Frances   X   Webb [X being her mark in lieu of signature]
[right] mark

Sworn to & subscribed before me 10 Sept 1840 
[signed] N. McDougall JP

The State of Mississippi  Claiborne County } 
I N. McDougale Justice of the peace in and for said County before whom the foregoing affidavit of the said Francis Webb was taken do hereby certify that I am well acquainted with the said Frances Webb, that she is a person of credability and that full faith and credit are due to her said affidavit above sworn to and subscribed -
[signed] N. McDougall JP

The State of Mississippi  Claiborne County } 
I Fredrick J Poor Clerk of the Probate Court of said County do hereby certify that Nicholas McDougall Esquire before whom the foregoing affidavit of Frances Webb was taken and subscribed and who signed the foregoing certificate was at that time and now is an acting Justice of the peace duly elected commissioned and qualified to act as such within and for the County aforesaid and that his bond, commission &
Page 15

oath of office are of record in my office, And I further certify that the signatures appended to the jurat of the affidavit of said Frances Webb & the signature to said certificate of said certificate, are the true and genuine signatures and sign manuel of said N Mc Dougall Justice of the peace as aforesaid to me known to be genuine.

In testimony whereof I have hereunto set my hand and affixed the seal of said Court on this 10th day of September  in the year A.D. 1840[sp]
[signed] Fredk J. Poor Clk 

The State of Mississippi  Claiborne County }
I Nicholas McDougall Esquire Judge of Probate the Probate Court in and for said County, do hereby certify that Fredrick J Poor who signed the foregoing certificate was at that time & now is Clerk of said Court, and that the above is his true & genuine signature to me known to be such and I further certify that the impress in the margin of the above certificate of the said Poor Clerk as aforesaid is the true & genuine impress of the seal of said Court and that the foregoing certificate is in due form of law 

In testimony whereof I have herein to set my hand and seal on this 10th day of September 1840-.
[signed] N. Mc Dougall Seal 
Probate Judge
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Original Claim
Declaration in order to be placed on the Pension List, under the act of the 18th March 1818.--

The State of Mississippi Claiborne County ss. } Circuit Court April Term 1826.
On this twenty second day of april 1826, personally appeared in open Court, to wit the Circuit Court of said County it being a Court of Record, John Twiner, a resident in said County, aged Sixty nine years, who being first duly sworn according to Law doth, on his oath make the following declaration in order to obtain the provision made by the acts of Congress of the 18th March 1818 and the 1st May 1820; that he, the said John Twiner enlisted for the Term of Six months on the __ day of ___ in the year 1775 in the State of Maryland in the Company commanded by Captain Crush, of the flying Camp of Maryland Militia, that after serving the said Six months he enlisted for the Term of Three years on the __ day of ___ 1776 in the State of Maryland in the Company commanded by the said Captain Crush in the Seventh Regiment commanded by Colonel Gunby in the line of the State
Page 17

of Maryland on the Continental establishment--
That he continued to serve in the said Corps until sometime in 1777 when he enlisted to serve during the War in the company commanded by the said Captain Crush in the said Seventh Regiment Commanded by the said Colonel Gunby in the Line of the State of Maryland on the continental establishment. and that he continued to serve in the said Corps until the end of the War; when he was discharged from the Service in Anapolis [Annapolis]; in the State of Maryland , that he hereby relinquis [relinquish] this every claim whatever to a pension, except the present; that his name is not on the roll of any State; and that the following is the reason for not making earlier application for a Pension, to wit, that he did not know of the Provisions of the acts of Congress until Sometime in 1823 and that he has made two ineffectual attempts to obtain his Pension, but failed in consequence of informality in his application as he is advised --
Page 18

and in pursuance of the act of the 1st May 1820 I Solmenly [solemnly] Swear that I was a resident Citizen of the United States on the 18th day of March 1818 and that I have not, since that time, by gift Sale, or in any manner disposed of my Property, or any part thereof, with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress entitled an act to provide for certain persons engaged in the Land and naval Service of the United States in the revolutionary war passed on the 18th day of March 1818; and that I have not, nor has any pirson [person] in trust for me, any Property, or Securities, Contracts or debts, due to me; nor have I any income of any kind whatever, nor Property of any description, necessary meaning apparel and Bedding excepted - That he is a farmer but is not able to Labor in consequence of his age and bodily infirmities - That he has a Wife residing with him named Luda aged fifty Six years, who is infirm & unable
Page 19

to Labour - that he has two Children, both Sons with him, one about twenty years old who this Deponent expects will leave him on his attaining the age of twenty one years- the other about twelve years old.
[right] his
[right] John   X   Twiner [X being his mark in lieu of signature]
[right] mark

Sworn to and declared on this twenty Second day of April One Thousand Eight Hundred and Twenty six before the Circuit Court of Clairborne County State of Mississippi
I Peter A Vandorn Clerk of the Circuit Court of Clairborne County State of Mississippi do hereby Certify that it appears to the Satisfaction of this Court that the said John Twiner did serve in the Revolutionary War as stated in the preceding Declaration against the Common Enemy, for the term of six months under the first engagement and for the term of two years under the Second Engagement and after that service to the end of the War on the Continental Establishment.  I also Certify that the foregoing Oath (there being no schedule of property) is truly Copied from the Records of the Said Court.  In testimony whereof I hereunto set my hand and affix the Seal of the said Court the day and year above said.
[signed] P. A. Vandorn  Clk

[Within circular stamped seal}
CIRCUIT COURT OF CLAIBORNE COUNTY MISS.
[image of 13 stars above an eagle]
[end circular stamped seal]
Page 20

19.692

P. [Illegible]

John Twiner
Declaration
on final Lett  : Certifc

Vol 4. Page 38

Peter A. Vandorn Es
Port Gibson
Mississippi
Page 21

State of Mississippi Claiborne County } ss.
On this 20th day of March 1825 personally appeared in open Court being a Court of Record in and for the County and State aforesaid John Twiner aged about 67 years a resident of the County and State above mentioned who being duly sworn according to law doth make the following declaration in order to obtain the provisions of the act of the 18th of March 1818, the 1st May 1820, and the first of March 1823 -- That he the said John Twiner enlisted first under Captain Crust[sp] for the term of six months about 1776 in the State of Maryland the date not exactly remembered. That after the expiration of that time he again enlisted under the same Captain for the Term of three years in the same place.  After the expiration that Term 
He again enlisted under Captain Mason for during the war in the state of South Carolina in the regiment commanded by Colonel Gunby in the Maryland line (as he believes), on the Continantal establishment.  That he continued in the services untill the end of the War.  That at the end of the war he applied for and ["discharge" stricken out] obtained abtained a regular discharge from Col Gunby ["which discharge was" stricken out]
Page 22

[illegible line of writing--all stricken out]
in the State of Maryland, which discharge is now lost.  The exact time of discharge not remembered.

And I ["Isaac" stricken out] John Twiner solemny swear that I was a resident citizen of the United States on the 18 March 1818 And that I have not since that time, by gift, sale or in any manner disposed of my property or any part thereof with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress entitled an act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary War, passed on the 18th day of March 1818, and that I have not nor has any person in trust for me any property or securities contracts or debts due me nor have I any income
[following all stricken out]--other than what is contained in the schedule hereto annexed and by me subscribed nor have I [end stricken out]

nor have I said ["Isaac" stricken out] John Twiner more nor other evidence of my discharge and services which I can procure

["Schedule" stricken out]

I have no property whatsoever
[right] his
[right] John   X   Twiner [X being his mark in leiu of signature]
[right] mark
Page 23

This declarant further states that his occupation is is that of a farmer that he is infirm and incapable of earning a livelihood thereby, that his family consists of himself and wife Indy, aged about fifty five.  And that he is in such indignant [indigent] circumstances as to be unable to suport [support] himself without the assistance of his Country.

Sworn to and Subscribed on the 25th day of March 1825 before the Hon. Joshua Child Judge of the first ["Juditial" stricken out] judicial Circuit at Fort Gibson Claiborne County State aforesaid in open Court.

I Peter A Vandorn Clerk of the Circuit Court of Claiborne County in the State aforesaid do hereby Certify that the foregoing oath &c hereto anexed [annexed] are truly copied from the records of the said Court ["and I do further Certify" stricken out]

In testimony whereof I have hereto set my hand and affixed the seal of the Court 25th March 1825
Page 24

I Joshua Child Judge of the Circuit Court of first Judicial district of Mississippi of the State aforesaid at Claiborne County do hereby Certify that Peter S. Vandorn whose signature appears here above is the Clerk of the Circuit Court of Claiborne County in the State of Mississippi.
[signed] J. Child Judge ofthe first Judicial Circuit { ss } [seal]
Page 25

Claiborne County -- I Certify that the foregoing is Truly Recorded in my office, viz the Office of the Circuit Court of Claiborne County - Given under my hand and Seal of said Court this 18 June 1825
[signed] P. A. VanDorn  Clerk

[Seal affixed at bottom left of page with 13 stars above an eagle]
CIRCUIT COURT OF CLAIBORNE COUNTY MISS.
Page 26

At a County Court begun and holden in and for the County  of Claiborne and State of Mississippi at the Court House of said  County on Monday the 12th day of February in the year of  our Lord one thousand eight hundred and twenty seven and  51st [roman numerals]  year of the Independence of United States of North America  Present Peter A. Vandorn Esqr. Presiding Justice, Thomas Freeland  Esqr. Associates, A. K. Shafer Sheriff and Wm. Davis Clerk 

The following declaration &C. was ordered to be spreade[sp] upon the  records of this Court and certified in due form (the same having been regularly sworn to by John Twiner to wit: 
The State of Mississippi Claiborne County Original Claim 
County and Orphans Court February Term 1827.

Declaration: in order to be placed on the Pension Iist under the acts of 18th March 1818 and May 1st 1820 on the 12th day of February 1827 personally appeared in open  Court being a Court of Record for the County aforesaid, John  Twiner resident in said County, aged about seventy six years who being first duly sworn according to law doth, on his  oath, make the following declaration in order to obtain the provisions made by the acts of Congress of the 18th of March 1818 and the 1st of May 1820: that he the said John Twiner enlisted for the  term of six months on the [blank] day of [blank] in the year  1776 in the State of Maryland in the Company commanded  by Captain [blank] in the Regiment commanded by Colonel  Gunby in the line of the State of Maryland on the Continental  establishment: That he continued to serve in the said Corps  until the end of the said six months when he again enlisted  for the term of three years in the same State and in the Company 
commanded by the same Captain and in the Regiment Comman ded by the same Colonel in the line of the State of Maryland  on the Continental establishment; that he continued to serve for more than one half of the term he had enlisted when he again enlisted during the War in the State of Maryland in the Company commanded by Captain  [blank] in the Regiment commanded by the said Colonel  Gunby in the line of the State of Maryland on the Continental  establishment, that he continued to serve in the same Corps until the end of the Revolutionary War when he was discharged from  the service in Anapolis [Annapolis] in the State of Maryland that he hereby  relinquishes every other claim to a pension except the present; that  his name has not been placed on the Pension list; that he made  a declaration for a Pension so soon as he knew of the laws, that he has [illegible] in two applications for want of [word struck out] form, and in pursuance  of the Act of the 1st. of May 1820, I do solemnly swear, that I was a  resident citizen of the United States on the 18th day of March 1818 and that I have not since that time by gift, sale, or in  any other manner, disposed of my property or any part  thereof with intent thereby so to diminish it as to bring myself  within the provisions of any act of Congress, entitled
Page 27

"An act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary War passed on the 18th day of March 1818; and that I have not nor has any person in trust for me any property or secucities, contracts, or debts due to me; nor have I any income consequently cannot make any Schedule.  That since the 18th of March 1818 no changes have been made of property as I had none at that time, neither have I had any since.  Sworn to and declared on the 12th day of February 1827 in open Court.

State of Mississippi Claiborne County } 
I, William Davis Clerk of the County Court of said County do hereby certify that it appears to the satisfaction of the Court, that the said John Twiner did serve in the Revolutionary war as stated in the proceeding declaration against the common enemy for the term therein stated.

I also certify that the foregoing oath is truly copied from  the records of said Court.

[Seal of County Court of Claiborne County Miss.]  

In testimony whereof I have hereunto set my hand and affixed the seal of the said Court on this the 16th day of February in the year of our Lord one thousand eight hundred and twenty seven in the 51st [roman numeral 51] year of the Independence of the United States of North America
[signed] Wm. Davis, Clk.

Claiborne County 
I P. A. Vandorn Judge of Probate & Presiding Justice of the County Court in and for said County certify that William Davis whose name is to the above certificate was on the 16th February 1827 and now is Clerk of said Court
Given under my hand and seal this 26th March 1827 
[signed] P. A. Vandorn [word Seal encircled]
Jud. Prob. & Presiding Justice &c
Page 28

Pension Office 
Nov 22, 1854

Sir:
I have considered the affidavits of William Lucket and John H. Fugate filed to show that Joshua and Mary Jones were married prior to 1794 and you are informed that they are not deemed satisfactory.  A further effort should be made to establish the marriage by Record proof.  Perhaps one of Wm Jones' children alledged to have been born prior to July 11. 1795 may have a record of her own age made more than twenty years ago.  If so it should be sent to this office. If not, one of them should appear before the Judge of the County Court where she resides, who should after duly questioning her, express his opinion of her age, under the official seal of his Court.  The requisition as to the period at which Mary Jones died and the names and ages of her surviving children has not been complied with.
I am 
Very Respectfully Yours &c
[signed] L. P. Waldo
Commissioner

[signed] J. N. Coffin Esq
Present.
Page 29

State of Louisiana Parish of Bossier } 17th. Judicial District of the state of Louisiana.

At a Court held at the town of Bellevue parish of Bossier State of Louisiana, on this the 18 day of December 1855, appeared Elizabeth Rounsavall one of the children of Judith Twiner widow of John Twiner of Mississippi before this court and was sworn and after duly questioning her, I Express my opinion that her age is Sixty five years
[signed] H. A. Drew
Judge 17th Dist.

[all following text on page very lightly written]
State of Louisiana Parish of Bossier }
I A. Abney A. Abney Clerk of the Judicial Court of the Parish of Bossier in the State of Louisiana do hereby certify that H A Drew, who has subscribed the foregoing Certificate is sole presiding Judge of said Court duly commissioned and Sworn and that his signature above written is true and genuine
In testimony whereof I have hereto set my hand and affixed the Seal of said Court this 18th day of December A. D. 1855
[signed] A. A. Abney
Clerk Dist Court

[illegible Court Seal affixed lower left]
Page 30

State of Tennessee Sullivan County }
I John C Rutledge Clerk of the County Court for said County hereby Certify that after a diligent Search in my office I find no marriage License between John Twiner and Judith Peck neither do I find on file in my office a marriage bond upon which license should have been obtained in this case of John Twiner and Judith Peck.
Given under my hand and official Seal at office in Blountville this 7th day of September 1855.
[signed] John C. Rutledge Clerk

[illegible seal affixed and 8 pt star shape]
Page 31

[note at top of page above document]
Wrote him on Octr 3rd & sent 37 1/2 cts fee for Certificate.  At same time wrote Robert Christy.

[document]
Blountville  Sept. 7 1855
Dear sir.
You request me to inform you whether not a man by the name of Gilbert Christy ever lived in this County, if there ever was a man by this name I am not positively informed, on making the enquiry some seem to have an indistinct recollection of a man by this name many years past, perhaps a kind of Preacher, some persons knew a man in this County several years back by the name of Robert Christy who lived at or near Kingsport in this County.
Yours respectfully
[signed] John C Rutledge

Isaac N. Coffin Esqr
Washington City D. C.
Page 32

Washington  Aug'st 28th 1836.

Sir:
In the Revolutionary Pension case of Mrs. Judith Twiner widow of John, of Mississippi  under the Act of July 7, 1838, suspended, herewith transmit the following papers, viz:

Certificate of John C Rutledge Esq.  that there is no Record of the Marriage. 
Letter of same, showing there was a Preacher of the name of Gilbert Christy as stated by her in her Declaration.  I have written to Robert Christy a long time since as the letter directs, but can get no answer from him.
Affidavit of Mrs. Elizabeth Rounsavall with copy of lost Family Record annexed.
Certificate of Court of the age of  Mrs. Elizabeth Rounsavall daughter of Mrs. Twiner.
John Twiner having been a 
Pensioner of the United States under the Act of June 7th 1832, I respectfully request that a letter be addressed to the Third Auditor for the date of his death.

["I am very Respectfully" crossed out]

This Evidence added to the
Page 33

Evidence already on file of Frances Webb,- and the two Affidavits of Elizabeth Davis, of which last person the Judge states she is a "pious woman & Member of a Church" - ought, as is respectfully represented, to be considered as amply sufficient in proof of the Marriage prior to Jany 1st 1794.
I am 
Very Respectfully
Your Obedt Servt
[signed] Isaac N. Coffin.

Hon'ble J. Minot
Commissioner of Pensions
Washington D.C.
Page 34

Pension Office
November 8th, 1856,

Sir.
It is certainly needless to re-state to you the requirements of this office, in the case of Judith Turner dec'd.

A sufficient answer, to your labored argument in relation to the propriety and legality, of receiving a Copy of a lost instrument, will be found in the fact, that the individual who swears to the truth of Mrs Turners
statements as to the contents of the original record, cannot write and I presume cannot read.

Yours Respectfully,
[signed] S Cole
for Commissioner

To
J N Coffin Esq
Present
Page 35

Washington Octr: 30th: 1856.
Sir:
In the case of Judith Twiner widow of John, of Mississippi, under the Act of July 7. 1838, I am not ignorant of the fact that a copy of an alleged Family Record will not be considered where the original is in existence. The Supreme Court of the United States has Decided in Taylor vs Riggs 1st: Vol Peters Reports, page 596, in the words following - " The affidavit of a party to the cause, of the loss or destruction of an original paper, offered in order to introduce secondary evidence of the contents of the paper is proper. If such affidavit could not be received of the loss of a written contract, the contents of which are well known to others, or a copy of which can be proved, a party might be completely deprived of his rights, at least in a Court of law." In conformity to that Decision the claimants in the case of Judith Twiner produce her Declaration or Affidavit now on file in the Pension Office, in which she swears [begin underline] "that said Family Record was accidentally destroyed by falling into a pot of pot liquor which so defaced and destroyed the same that it was thrown away and has become lost and destroyed, so that it is not in the power of this Declarant to forward the same to the War Department with this Declaration." [end underline] They in accordance with this Rule of Law of the Supreme Court,which is the Law of Evidence and is [underline] in coincidence with the settled and established Rule of Law [/underline]  in all the State Courts and [underline] all over the world, [/underline] she has sworn to its loss - and 2d: In addition to her own Oath
Page 36

which according to that settled Rule of Law would have been amply sufficient, the claimants respectfully refer you to the Evidence of the loss of the Family Record, of Francis Webb who swears on Septr 10th, 1840, of whom the Judge of the Court Officially certifies, viz "And this affiant further saith on "oath that she has seen the family record mentioned in the Declaration of said Judith, and knows that the same did exist and that the same was destroyed as stated therein." Thus there is not only the evidence produced in this case, Decided by the Supreme Court of the United States to be the settled Rule of Law, as to the destruction of a paper, but Double viz "the affidavit of a party to the cause," but Double that evidence, of the destruction of this Family Record, and therefore, this fact now being specially pointed out, and your attention being now specially called to it, you cannot, as is respectfully represented, with justice - reason - or propriety, refuse to admit it.

3d: Although there is ample circumstantial evidence of the marriage being prior to Jany 1st 1794 such as the Pension Office has been for many long years in the constant usage of Deciding as sufficient, without proof of the contents of this Family Record still, the contents of it is proved. The Decision of the Supreme Court of the United States in Riggs v Tayloe 9th Vol Wheaton's Reports, page 483, is, "The party, in such case, may read a counterpart, or if there is no counterpart, an examined copy, or if no such copy may give parol evidence of the contents." The Family Record having "fallen into a pot of pot liquor" as proved by competent evidence
Page 37

as Shown by the Decision aforegoing, it was made so filthy, as to be impractical to preserve - but this copy (copied from the hot liquored pages of one before thrown away) enclosed in my last letter to you, is proved by the affidavit thereto annexed to have been regarded by the Family, as, in the absence of the original, their Family Record. This fact therefore stamps it with the authenticity of exactitude and therefore of an examined copy - and is parol evidence "of its contents" which is corroborated by the "parol evidence of its contents" contained in the Affidavit of Francis Webb as follows - "that she has known said Family Record to be in existence as far back as thirty years ago, and knows that the marriage of the Said John Twiner & Judith Twiner was recorded therein as stated in the said Declaration"
"that she has often heard the said John Twiner say before his death and before he ever received a pension from the United States that he and the said Judith Twiner were lawfully married at the time stated in the Declaration"
Other Decisions of the Supreme Court are as follows
"Secondary evidence of the contents of written instruments is admissible, wherever it appears that the original is destroyed or lost, by accident, without any fault of the party."
Renner vs Bank of Columbia 9th Wheaton Page 591.
"If the original is lost or destroyed, secondary evidence (being the best which the nature of the case allows) will be admitted."
Riggs vs Taylor 9 Vol Wheaton P483
It is proved, by the Evidence of Elizabeth Davis of whom the Judge of the Court states is "a pious woman & member of a church, and whose testimony is in my opinion entitled to credit and would be received as such in any Court in this State."
Page 38

It certainly is as is respectfully represented, contrary to Law, for the Pension Office to withhold this pension which the Law has given, when the Law of the 7th May 1846 enacts and requires "nor shall any evidence in any case be required" "other than such proof as would be sufficient to establish the marriage" "in civil personal actions in a Court of Justice" - when here is a Court which Officially Certifies that the "proof" "would be received in civil personal actions in a Court of Justice" or what is the same thing in his own words "would be received as such in any Court
in this State." Every presumptive Evidence sufficient [illegible 5 words here] Pen Laws pag 479 And the proof presented by the evidence of Elizabeth Davis is alone such as has always been considered sufficient both by the Pension Office & by all Courts of Justice, because she swears "she has been acquainted with John Twiner late of said County deceased (at the time of his death a pensioner of the United States) ever since the winter of 1794, at which time he lived in Sullivan County Tennessee, with Judith Twiner his wife and the circumstance which enables me to recollect the year, is, that my father removed and settled in the neighborhood of John Twiner in the Fall of 1793." Thus an important event in the history of her life her Removal to a New Home is the circumstance which enables her to determine the period when they John & Judith Twiner were man and wife. She also states another fact by which she remembers, that she was then "twelve years old" which is corroborated by her present age 59.
This marriage is proved
1st: Proved by Evidence of Elizabeth Davis proved to be a "pious woman and Member of a Church" - and taken before a Court.
2d: Proved by Copy of Family Record - which is proved to have been considered and Reverenced as the Family Record - proved by a Decision of Supreme Court above to be legal evidence.
3d: Proved by age of Mrs Elizabeth Rounsavall (Tested before the Court) admitted in letter to me in case of Mary Jones of Novr 22d 1854 to be decisive evidence
- Either of which by the Law of May 7, 1846 sufficient - and the three three times the quantity required by law, and thus as is respectfully represented the Pension Office has no right to deprive the claimants of the pension given them by the Law.
Very Respectfully Your Obt Servt 
[signed] Isaac N Coffin.

[signed]  Honbl George C. Whiting 
Comr of Pensions.
Page 39

Pension Office
September 2, 1856

Sir,

You are aware that if the case of Judith Twiner of Miss was complete no allowance could now be made - but the evidence filed by you does not remove the objection so often urged. You are not ignorant of the fact that a copy of an alleged Family record will not be ["received" lined thru] considered. The original record must be enclosed to this office for inspection. When this is done you will be corresponded with again if it shall be necessary.
Very Respt. Yours
[signed] S. Cole
Acting Commr.

[signed] J. N. Coffin Esq
Present
Page 40

Judith Twiner
Widow of John
Mississippi
Jas. A Maxwell 25 March
1841 - N. McDougal 28 July
1841 - Same 18 Sep 1841-
amde 29 Octo 1841-J.N.
Coffin 10 Aug 1853 -
same Sept 2 1856 - Same
Nov 8 1856
10783
July 7 1838-
Page 41

["Acts of July 14, 1862, and March 3, 1873." lined thru]

REJECTED
10,783.
P.O. _____
Judith Twiner
Service: _____

Enlisted: _____ , 18 __ .
Discharged: _____ , 18 __ .

Application filed: _____ , 18 __ .

Alleges: _____

Re-enlisted: _____

Attorney: _____
P.O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____ , 18 __ .
Page 42

Judith Twiner
of John
Mississippi,
=======
Suspended
See let, 25th March, 1841 Jas. A. Maxwell
let. 28 July '41 N. McDougal,
let 18th Sep '41. N. McDougal
let 9 Oct. 41  N. McDougal
Isaac N. Coffin 10th Augst 1853

Act 7 July 1838
Page 43

Mayo

Isaac N. Coffin
Washington 
D.C.
Page 44

Washington May 27th 1853.
Sir:
In the case of Mrs Judith Twiner widow of John of Mississippi a Revolutionary pension case under the Act of July 7. 1838 a mistake has been made by the Pension Office - and in the hurry of business evidence has been overlooked which is conclusive of her right - and 1st as to correct a mistake is certainly an overruling consideration to any mere rule of limitation, and as 2d: the Law of the Land of 7th May 1846 (quoted at page 437 of Mayo & Moulton's Pension Laws, in Attorney Generals Decision of June 23. 1846) is an additional overruling consideration to any mere rule of limitation, I request attention to the following statement. In the first place the Limitation Regulation of the late Secretary of Interior of March 18th 1852 is an act of Gross Usurpation and Tyranny and this is shown by Attorney General Toucey's Decision (on a similar rule) of Feby 16th 1849 at page 462 of Mayo & Moulton in the following words: "I have the honor to reply to your letter requesting my opinion whether the rule of the Pension Office, that an application for a pension cannot be entertained after the lapse of twenty five years from the time when the disability was incurred, is authorized by the Act of the 26th March 1804 empowering the Commissioners of the Navy Pension fund to make such regulations as might appear to them expedient for the admission of persons on the roll of navy pensioners.
This is a power to establish rules and regulations to be observed in the examination" and adjudication of the legal claims of a class of persons to be admitted" on the roll of navy pensioners: and does not extend to the enactment of a
Page 45

statute of limitations, or of any rules which would preclude any examination, and of course any adjudication. Such a rule would be in derogation of the Act of Congress, not in execution of it. This being clearly the character of the rule of the Pension Office referred to, I am of opinion it is invalid." This Extraordinarily Severe and Firey Denunciation by the Attorney General in a parallel case that the power to establish rules does not extend to the enactment of a Statute of Limitations or of any rule which would preclude any examination and of course any adjudication applies in case of error, perfectly applies to the rule of March 18 1852. The late Secretary of the Interior as a justification of such an act of Oppression asserts that some of the States have Statutes of Limitation - but these Acts of Limitation are the Law of the Land, are the product of the Law Making Power in which Acts the people are represented and not the Acts of those whose function is barely to put into execution their Sovereign Power as expressed. This Sovereign Power cannot be expressed except by a Majority of the House of Representatives of the United states and a Majority of the Senate of the United States and their joint Act Approved and Signed by the Entire Executive Power the President of the United States. It is not like this rule the dictum not even merely of the Executive Power but of only a branch thereof. This rule has therefore converted our Government into a Practical Despotism in which powers undelegated by law have been assumed and wrongfully exercised and if Congress authorize such a Statute of Limitations they can very easily pass a law to that effect. I therefore hereby Petition you to recommend to the Secretary of the Interior that he will refer it to the Attorney General for his Decision whether it is a legal rule, or in conformity with the power granted by law.
The Letter of Oct: 29th. 1841
Page 46

of the Commissioner of Pensions in this case of Judith Twiner, requires one other witness - but it requires an impossibility as there is no other witness living - and the Error of the Pension Office consists in the fact that there is sufficient Evidence in law of Marriage prior to 1794 already in the case.
The Evidence consists as follows 
1st: It is a Rule of Law that where a paper or record is destroyed its contents can be proved. That a Family Record did exist in 1810 30 years back from 1840 was since destroyed and did contain the Record of the marriage of Judith Twiner on 26th Nov'r 1789 is proved by the testimony of Frances Webb which corroborates the oath of Judith Twiner and Frances Webb states as follows: "And this affiant further says on oath that she has seen the family record mentioned in the Declaration of said Judith and knows that the same did exist and that the same was destroyed as stated therein - that she has known said Family Record to be in existence as far back as thirty years ago and knows that the marriage of the said John Twiner and Judith Twiner was recorded therein or stated in her said Declaration." Thus the contents of this Family Record are proved to have been that she was married on 26th Nov'r: 1789.
2d: It is a Rule of Law that the Declarations of members of a family made at a time when they had no interest is Legal Evidence
The same paragraph in Starkie on Evidence which is quoted by the Attorney General at page 430 Mayos & Moulton as the Rule" in civil personal actions in a Court of Justice" contains the following viz "The declaration of deceased members of a family are it is seen evidence." Mrs Webb states that she "has often heard the said John Twiner say before his death and before he ever received a pension from the United States that he and the said Judith Twiner were lawfully married at the time stated
Page 47

in the Declaration of said Judith."
3rd: In addition to the two above mentioned pieces of evidence, even one of which is the amount of Evidence required by the Law of 7th May 1846 to be sufficient, is the Evidence of Mrs Elizabeth Davis who is certified by the Honorable Judge McDougall to be "a pious woman and a Member of the Church" and is therefore a particularly credible witness who states "that she has been acquainted with John Turner late of said County deceased (at the time of his death a pensioner of the United States ever since the Winter of 1776 at which time, he lived in Sullivan County Tennessee, with Judith Twiner his wife and the circumstance which enables me to recollect the year, is that my father removed and settled in the neighborhood of John Twiner in the Fall of 1793." Thus she is speaking of him as keeping house in the Fall of 1793. Her father moved in the neighborhood of John Turner in the Fall of 1793 and this strong fact added to the fact that she says nothing to the contrary of his being then a married man, and if he was married after they arrived of course she would have mentioned it.
4th In her 2d Affidavit she says "that the first time she recollects seeing them was" in "February or March 1794", but although this was the first time she saw them it is nothing to the contrary of the fact mentioned in the first affidavit which was that he was a housekeeper in 1793. But aside from this the fact that she knew them to be married persons in February 1794 added to and corroborating the two other pieces of Evidence is conclusive. According to the Decision of the Attorney Generalat page 439 of Mayo & Moulton in the words following "the marriage may by virtue of this section, be established by presumptive testimony, its date as an incident may be established by evidence of the same character, and
therefore the last mentioned evidence is sufficient. But evidence for
Page 48

beyond this is the above mentioned Evidence of the existence of a Family Record and that the Marriage recorded thereon was in 1780, and also this other kind of proof above quoted in the Declarations of a deceased member of the family. The Commissioner of Pensions has no right to throw out what is Legal Evidence or what is Evidence in Law and it does not lie within his granted power so to do. To reject all this evidence which establishes her right could not be whatm the Attorney General Decides that the Law requires-- that the proof ought to be considered in the spirit in which this law has passed of liberality to the applicant, but would be the perfect opposite of justice-- and at an infinity of distance from liberality.
I am
Very Respectfully
Your Obed't Servt
[signed] Isaac N Coffin

Hon'ble L. P. Waldo
Commissioner of Pensions
Washington D.C.
Page 49

Port Gibson 7 October 1841

J L Edwards Esquire 
Dear Sir

Enclosed please find the amended affidavit of Elizabeth Davis, in the case of Judith Twiner- Widow of John Twiner deceased, an applicacant for a Pension.
Mrs. Davis says she has stated all her memory will permit her to say which she believes is substantially correct - and I assure you I have no doubt of the correctness of what she states from my knowlege of her--
Allow me to request your early action on this Application, as old mother Twiner as she is usually called is very destitute, she is a County charge at this time & has been for same time past and needs many little comforts the Poor house don't furnish.
I am Dear Sir
very respectfully yours
[signed] N. McDougall
Page 50

Port Gibson Missp [Mississippi] Jany 30 1841


Sir
Since departing in the Post office a communication addressed to you relative to a pension for Mrs. Judith Twiner, I have seen a copy of the pension certificate granted to John Twiner the late Husband of the said Judith.
It is dated 27 April 1827. signed James Barbour Sec. of war, Ex'd & countersigned by yourself and recorded by Wm Gordon Clerk in Book 13 Vol 10 160.
Respectfully
Your Obt Servt
[signed] Jas. A. Marine[sp]

J L Edwards
Commr. of Pensions
Washington City
Page 51

Port Gibson 2d July 1841
J. L. Edwards Esquire

Dear Sir
At the request of a poor infirm old woman "Judith Twiner", an applicant for a pension, I have taken
the deposition of an old Lady, establishing the fact of her being a married woman in the winter of 1794 as directed in your letter to James A. Maxwell Esq at Law dated 25th March 1841, who is now
absent from this State - which I enclose and please allow me to request your early action in her case - the old woman is very impatient and anxious to know thefdate of her application.
You will please communicate the result to your most Obd't Servant
[signed] N. Mc Dougall
Page 52

State of Mississippi Claiborne County ss }
Personally appeared before the undersigned Judge of the Probate Court in & for said County Elizabeth Davis, "to me well know"n, who after being duly Sworn, on the holy Evangelist of Almighty God, deposes and Says, that she Can't State at what time Judith Twiner, widow of John Twiner, late a Pensioner of the United States was married to the said John Twiner, that she first became acquainted with the said Judith and John Twiner, some time in 1794, deponent thinks in February or March of that year, in the State of Tennessee and that the first time she has any recollection of seeing them was at her fathers at the time lastly mentioned, "say february or march 1794, that she knew them intimately for a number of years afterwards & untill their removal from Tennessee. This Deponent further states that she can recollect of their having but two Children, at that time Samuel, the Eldest and Elizabeth. Samuel is since dead and Elizabeth intermarried with William Rouncivalle who removed from this State some two years ago to some where on red river. deponents further states she has not heard from them since & can't say if either of them is alive at this time.
Deponent further states she cant positively state her age, but according to the statements of her papers now dead, and having no family records in her possession, she verily believes she is in  her 59th year, deponent further states she has no doubt of Judith Twiner the present applicant & John Twiner, deceased, late a U.S. Pensioner having been married, as she never heard to the reverse and of her own knowledge knows that they lived together
Page 53

as man & wife at the time above stated "to wit" february or march 1794 for several years afterward & 
for several years previous to death of said John Twiner in this State, and further this deponent saith not
[right] her
[right] Elizabeth   X   Davis [X being her mark in lieu of signature]
[right] mark

Sworn to & Subscribed before me 7 October 1841
[signed] N. McDougall
Probate Judge

State of Mississippi Claiborne Countyss } 
I Frederick J. Poor Clerk of the Probate Court in & for said County do hereby certify that N.Dougall whose name is signed to the foregoing affidavit it is and was at the time he signed the same Judge of the Probate Court of said County duly Elected Commissioned and qualified as the law directs & that full faith & credit are due & ought of right to be given to all his official acts as such
Given under my hand & Official Seal this 17th October 1841 
Fred J Cook Clk
[signed] By Thomas McCay Dy [Deputy Clerk]
Page 54

State of Mississippi Claiborne County ss } 
Personally appeared before the undersigned a Judge of the Probate Court in & for said County Elizabeth Davis who after being duly sworn according to law, deposes and says that she has been acquainted with John Trainer late of said County deceased (at the time of his death a pensioner of the United States) ever since the winter of 1794, at which time he lived in Sullivan County, Tennessee with Judith Twiner his wife, and the circumstance which enables me to recollect the year is [cut off]  father removed & settled in the neighborhood of John Twiner in the fall of 1793, and altho' I was not over twelve years old. I well recollect having accompanied mother several times to the house of the said John & Judith Twiner during the winter of 1793, 1794, ["several times" lined thru]
This deponent further states that she lived with her parents some five years in the vicinity of John & Judith Twiner and that as far as deponent knows or ["belief" lined thru] believes, she was  the lawful wife of said John Trainer, and was reputed as Such, Deponent further states that she resided in the vicinity of the late John Tener and Judith his widow (now in the Poor house of this County in Claiborne County aforesaid at the time of his death, and that the said John and Judith were always as far as deponent knows or believes considered man & wife, and that she deponent never heard to the contrary, deponent further states that said Judith is lame and very infirm, and further she says not
[right] her
[right] Elizabeth   X   Davis [X being her mark in lieu of signature]
[right] mark
Sworn to & Subscribed before me 21st August 1841
[signed] N. McDougall
Page 55

State of Mississippi Claiborne County ss }
I Nicholas McDougall Judge of Probate in & for Claiborne County Miss, Do hereby
certify that I am partially acquainted with Elizabeth Davis the deponent in case of Judith Twiner.
that she is a poor illiterate woman of good Character, pious woman & member of a Church, and whose testimony is in my opinion entitled to credit and would be received as such in any Court in this.
Given under my hand this 21 day of August 1841
[signed] N. McDougall
Probate Judge

State of Mississippi Claiborne County ss }
I Frederick J. Poor, Clerk of the Probate Court in & for said County do hereby certify that Nicholas McDougall whose name appears signed to the foregoing affidavit and certificate is and was at the time of signing the same Judge of the Probate Court of the County aforesaid, duly elected and qualified as the law directs, and that full faith and credit are due and ought of right to be given to all his official acts as such.
In testimony whereof I have hereunto set  my hand, and affixed my seal of Office this 21st day of August 1841
[signed] Fred. J. Poor Clk

[illegible Court Seal affixed lower left]
Page 56

Brief Judith Twiner
Act 1838
Miss.
Page 57

Brief Judith Twiner aged 69 in 1840.
And of John - private-- no knowledge of his service, from recollection of what heard him say he entered service in Fredericktown M'd [Maryland] in 1775 for 6 months - 2d Service was in 7th M'd Regt Col Gunby for 3 yrs. one of his Capts named Betty & the Commissary Genl Pendergrass - 3d service under Col Gunby, & continued during the war. was a pensioner - Married Sept 26th Novr 1789 -after expiration of Services before 1794- had 13 children Had a family record of ages, marriages, births &c of Twiner & herself-- record destroyed Francis Webb well knows Judith & knew John in his lifetime - intimately acquainted with her for past 30 yrs last past & also John all his death.- during all that time they lived & cohabitated as man and wife - acknowledged themselves as such & to acknowledged. Heard John say before his death & before he was pensioned that he & Judith married at the time stated in Judith Decl. [Declaration]- heard John say so at least 30 years ago - has seen family record mentioned by Judith- knows it did exist & was destroyed as Judith States - knew of existence of s'd [said] record 30 yrs ago & that marriage was recorded therein. Eliz'th [Elizabeth] Davis has been well acqt'd [acquainted] with John dec'd [deceased] (a pensioner) since the winter of 1794 - at which time he lived in Tenn: with Judith his wife, circumstance by which recollect the yr: [year:] is her
Page 58

Page 2

father removed & settled in neighborhood of John in fall of 1793 & altho not over 12 yrs age, well recollects accompanying her mother several times to house of John & Judith during winter of 1793, 1794. lived in neighborhood
& John & Judith lived as man & wife & so reputed resided near them at time of Johns death. Judith Davis - cannot state at what time John & Smith were married - knew them first about feb. or march 1794- knew them intimately a number of years - cannot collect they had more than 2 children at that time-- Sam'l & Eliz'th. Sam'l and Eliz'th gone away.  cant say if she is alive - Deph:len[sp] lives -  she herself is 59 yrs old to her best belief -ld to her best belief has no doubt John & J'th were married - lived as man & wife as the above stated. &c -
Page 59

Port Gibson Miss
Jany 30 1840

Sir
Herewith I forward the declaration of Judith Twiner in order to obtain the beneefit of the act of Congress of July 7 1838. "granting half pay & pensions to certain widows".
I refer you to the Hon A G Brown Ho of Reps Hon A S White of the Senate & Hon Jas Whitcomb Commr. of Genl Land Office
Am
Very Respectfully
Your Obt Servt
[signed] Jas. A. Maxwell

J L Edwards
Comm'r of Pension a
Washington City DC
Page 60

Port Gibson March 26th 1827

Honble [Honorable] James Barbour

I transmit the declaration & of John Gainer again made, according to directions as near as possible. I hope it will prove sufficient. Information as to the final decision on this case
may be made to the undersigned
Very respectfully &c.
[signed] Amos Whiting
Page 61

Port Gibson (Miss.) Sept. 30th 1826

Honbl [Honorable] James Barbour

Sir
Inclosed you have the original Declaration of John Twiner an applicant for a Pension --
So soon as the subject can receive proper attention Mr. Twiner will be glad to learn through me the fate of his application -- very respectfully
Your obt Servt
[signed] Amos Whiting