Revolutionary War Pension and Bounty Land Warrant Application File S. 6889, John Gilliam, N.C.
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(8-1776)
SERVICE                                            NUMBER

N.C.              Gilliam, John.            S. 6889



                                                         carded
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12.725
North Carolina 
John Gilliam
Davidson in the State of N Car.
who was a pri. in the company commanded 
by captain Crowan of the Regt. commanded 
by Col Lyle in the N Car
line for 8 mos.

Inscribed on the Roll of North Car
at the rate of 26 Dollars 66 Cents per annum
to Commence on the 4th day of March, 1831.

Certificate of pension issued the 18 day of may '33
and sent C.C Brum
[illegible] Brummels PO NC

Arrears to the 4th day of March '33 -- 53.32
Semi-anl. allowance ending 4 sept " --13.33
$66.65
{Revolutionary Claim, Act June 7, 1832}
Recorded by William Miller Clerck,
Book E. Vol. 6. Page 41
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GIDEON, PRINTER.
TREASURY DEPARTMENT,
SECOND COMPTROLLER'S OFFICE,
Sir:   ___  12th, 1844.
Under the act of the 6th of April, 1838, entitled "An Act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," and the third section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the pen-sion agents, The heir of John Gilliams, dec.. a Pensioner on the Roll of the North Carolina Agency, at the rate of Twenty Six Dollars and 66 cents per annum, under the law of the 4th June 1832, has been paid at this department from the 4th of March to the 15th Aug, 1835, Respectfully yours, ___ Parris 
Comptroller
To the Commissioner of Pensions, Present.
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23139
John Gilliam
Davidson County
North Carolina
Admis as a Private
8 mo $21.66

C.C. Brummill
Brummill PO 
Davidson NC
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WAR DEPARTMENT,
Pension Office
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832 has been examined, and the papers are herewith returned.  The following is a statement of your case in a tabular form.  On comparing these papers with the following rules, and the subjoined notes you will readily perceive that objections exist, which must be removed, before a pension can be allowed.  The notes and the regulations will show what is necessary to be done.  These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus } ).  You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
Statement, showing the service of John Gilliam, Davidson County North Carolina
Period when the service was rendered: volunteer 1776 substitute for [illegible]
Duration of the claimant's service 4 months, 4 months Rank of the claimant: private
Names and rank of the copany officers under whom he served: Capt Corvan
Names and rank of the General and Field officers: Col Hendrich, Col Lytte, Gen Ashe.
Battles in which the applicant was engaged: Valleytown, Storia
Country through which he marched: Salisbury, Aligheny. Valley town, Charlota, Cauden, Augusta, Storia.
Place of abode when he entered the service, and age at the present period: 78 Roware Co. N.C.
Evidence by which the declaration is supported: Tradition
[illegible] loss of [accuracy] not able to ake a full declaration.
I am, respectfully, your obedient servant, 
J. L. EDWARDS,
Commissioner of Pensions.
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2
REGULATIONS UNDER THE ACT OF JUNE 7, 1832.

The following regulations have been adopted:

This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who
were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.

Four general classes of cases are embraced in this law:
1. The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval service.
4. Indian Spies.

As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.

DECLARATION.

In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.

State, Territory, or District of
Country of
[The above two lines are bracketed with the following] ss.

On this [blank space] day of [blank space] personally appeared (a) before [blank space] A.B. a resident (b) of [blank space] in the country of [blank space] and State, Territory or District of [blank space] aged (c) [blank space] 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 provion made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) [blank space], with [blank space] and served in the [blank space] (e) regiment of the [blank space] line, under the following named officers:

[Start bracketed text in document]
Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he enered the service; the battles, if any, in which he was engaged, and the country through which he marched. [hand pointing right] This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.
[End bracketed text in document]

He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of [blank space] 

Sworn to and subscribed the day and year aforesaid.   A. B.

[Start bracketed text in document]
And then will follow the certificate of the Court.
[End bracketed text in document]

And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.

I [blank space] of the Court of [blank space] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [blank space] for a pension.

In testimony whereof I have hereunto set my hand and seal of office (i) this [blank space] day of [blank space] & c.

If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.

Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:

(k) We, A. B., a Clergyman, residing in the [blank space] and C. D. residing in (the same) hereby certify, that we are well acquainted with [blank space], who has subscribed and sworn to the above declaration; that we believe him to be [blank space] years of age; 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.

Sworn and subscribed the day and year aforesaid.

[Start bracketed text in document]
And then will follow the certificate of the Court.
[End bracketed text in document]

And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A.B. [blank space] who has signed the preceding certificate, is a clergyman, resident in the [blank space] and that C.D., who has also signed the same is a resident in the [blank space] and is a credible person, and that their statement is entitled to credit.

I, [blank space] Clerk of the Court of [blank space] do hereby certify that the foregoing
contains the original proceedings of the said Court, in the matter of the applicacation of [blank space] for a pension.

In testimony whereof, I have hereunto set my hand and seal [blank space] of office, this [blank space] day of [blank space] &c.

Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.

If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person
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will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal
means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted
; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected.
All applicants will appear before some Court of Record in the County, in which they reside, and there
subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.

The Court will propound the following (m) interrogatories to all applicants for a pension, on account
of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State
troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war
, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute?
And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such
Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
Did you ever receive a discharge from the service, and if so, by whom was it giv-
{To a Soldier, and what has become of it?
Did you ever receive a commission, and if so, by whom was it signed, and what
Town Officer has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify
as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that he answers to these questions are embodied in the declaration, and they are
requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court,
without too much expense and inconvenience to him, two respectable persons--one of whom should be
the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from
their acquaintance with him, that they believe he is of the age he represents, and that he is reputed
and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion.
If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character
and standing of other persons, giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct
proof, except the declaration of the party. And the Courts are requested to be very particular in the
enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before
required, and submit to the examination, before a Judge or Justice of a Court of Record of the
proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to
perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record,
or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper
Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a
Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is
his genuine signature.
No payments can be made on account of the services of any person, who may have died before
the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the
declaration herein required is made, the parties interested will transmit such evidence as they can procure
, taken and authenticated before a Court of Record, showing the services of the deceased, the period
of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the
opinion of the Court upon the whole matter.
The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow
the rule laid down for his guidance.
The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not
conforming to the rule.
The age of the claimant must invariably be mentioned.
The declarant must mention the period or periods of the war when he served.
Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the
claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so
definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the
loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason
of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his
recollection, he served not less than the periods mentioned below, and in the following grades:--For---year----
months, and-
-- days, I served as a-
-- and for such service I claim a pension."
important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law
directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months,
is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years
in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is
highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement;
the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority
; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil
pursuit.
The law makes the relinquishment indispensable.
The opinion of the Court is always required.
The Clerk must give his certificate in every case.
The Clerk must fix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no pubseal
of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the
papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains
the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must
pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses,
who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as
the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witthe
official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
The notes are all equally applicable to the cases of Militia men, Volunteers and State Troops, The proof required by rule at
note applies to continental troops only.
If a witness cannot be found, the declarant must state the fact.
The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
F. Brodged
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State of North Carolina
Davidson County
On this 13the day of September 1832 personally appeared before Chas. Hoover one of the Justices of the County of Davidson and State aforesaid John Gilliam a resident of the county of Davidson and state of North Carolina aged 78 years who being first duly sworn according to have doth on his oath.  Make the following declarations in order to obtain the benefit of the Act of Congress passed June 7th 1832.
that he entered the United States Service under the following named officers and served as herein state.  He entered the service as a volunteer in the 1776 or 77 but in consequence of this paralyzing effect of disease upon his memory he does not distinctly recall the time he entered the service.  [Salisbury] in Rowan was the place of rendezvous.  He was there put under the command of [illegible] Hendrick and commanded a campaign against the Indians who infested the Western part of N. Carolina and the eastern part of Tennessee.  He marched through the western part of N Carolina thru the Aleghany Mountains marched into the State of Tennessee to an Indian Village called Valley [ineligible] where they fought a battle with the Indians in which engagement they killed and took prisoners.  Many of the Indians [ineligible] after the battle returned to Rowan County (now Davidson) which was then his place of residence and he has resided there since the termination of the Revolution.  He served 4 months in this cause.  In the year of [illegible] he again entered the service of the United States a substitute for Till Tilman.  The N. Carolina troops assembled at Salisbury pass thence they marched to Charlotte pass thence to Cassanders pass Cassanders to Augusta pass Augusta to Stona Creek where they fought a [illegible] battle with the British army at which battle he was commanded by Capt. David Cowan, Colonel Lytle and General Ashe. Soon after the battle at Stona Creek he received a discharge from Col. Lytle and returned to Rowan County N C during this campaign he served four months and he stated that he has lost his discharge and he further states that he has no documentary evidence and that he knows of no person whose testimony [ineligible] who can certify to his service.
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He hereby relinquishes his every claim whatever to a pension or annuity except the present and declares his name is not on a pension roll of the agency of any state.
Sworn to and subscribed this day and year aforesaid 
Chas Hoover JP
John Gilliam X his mark

Mr. Isaiah Spurgin a clergyman residing in the county of Davidson and state of N. Carolina and Randal  Brummell residing in the same hereby certify that we are well acquainted with John Gilliam who has subscribed and sworn to the above declaration that we believed him to be 78 years of age that he is reputed and he lived in the neighborhood where he resides to have been a soldier of the revolution and that concur in that opinion
Sworn to and subscribed this day and year aforesaid 
Chas Hoover JP

Isaiah Spurgin
Randal Brummel
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State of North Caolina
Davidson County
I David Mock of the Court of Plain and Quarter Sessions of Davidson County, do hereby certify that Charles Hoover Esquire before whom the foregoing Declaration and Affidavits were made and granted and who has assigned the same, is and was at the time an acting Justice of the Peace in and for the County aforesaid, duly Commissioned and qualified and that faith and credit should be given to his official acts as such.  In testimony whereof I have hereunto set my hand and affixed the Seal of said court at office the 18th day of September A.D. 1832.
D. Mock CCC
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Rev War 
6889
Invalid
File No. 6889
John Gilliam
Pri Rev War
Act: June 7th 32
Index:- Vol. 1eb, Page 141
[Arrangement of 1870]
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Davidson County NC Sept. 19th 1832

Sirs
I have transmitted to you the declaration of John Gilliam who claims the benefit of the Act of Congress making provisions for Revolutionary soldier.  He is [illegible] of sickness and disability was not able to attend court there made his declaration before a Justice of the Peace.  
Please to let me know the result of his application as soon as you can conveniently can.

I am respectfully yours 
Chas. C. Brummell
P.D. Direct your communications to Brummel P.O. Davidson County N Carolina
CCB