Revolutionary War Pension and Bounty Land Warrant Application File R. 4,183, Joseph Gammar, Continental (France) Tenn-Residence In 1833

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-1776

Service | Number
Continental (France) | Gammar, Joseph or Grammar | R. 4,183
Tenn. - residence in 1833
Contents

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On this 23 day of July 1833 personally appeared in open court, it being a Court of Record, before the Qorum Court of pleas and quarter sessions, now sitting, Joseph Grammar a resident of this the County of Roane and State of Tennessee aged about 75 years, who being first lucky 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 services as a private volunteer, in the malitia, in the dominion of France under the named officers and served as herein stated. That he volunteered under the Captain [illegible], under the command of the prince of Nausau & Marquis Lafayette, & the Duke of France having the controll, applicant volunteered at the city of [illegible Hawkinau] in the year 1776 or 7, applicant volunteered for the purpose of going to america to assist the the americans in the Revolutionary strugle for liberty, a short time after applicant volunteered was marched through France to a fort on an island by the name of Sirsumber where he remained 6 or 7 weeks, was then marched to a Citty in France called Samaluu where he was continued for a while, not recollected how long, then applicant was marched to Brest, thence embarked in a vessel for America, under Maj Polwroshie; applicant was in a severe battle in his passage (on sea) to america, with the Brittish, the firing commenced about the middle of the after noon. The enemy was vanquished, as they were not to be found the next morning, the firing continued until night; applicant landed at newport Rhode Island in in the spring of the year, where applicant was continued that summer, applicant was then marched up to Hartford where he was continued that winter, then marched to the white plains, where he found the main american army under General George Washington, applicant was under

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Washington the chief Commander. applicant was in a severe Battle at the white plains . was continued at the last mentioned place until he was marched to Little York. was in the celebrated siege at Little York, from the commencement until Lord Cornwallis was taken after said engagement applicant was marched up to
Hampton where he was continued in winter quarters until some time in February applicant was then
marched up to Charlotte County Virginia. was continued there in service until about the 8th June, was then verbally discharged from the armey. after the close of the war applicant remained about years in Charlotte then went to Botetout County where he remained about 8 years, then went to Russel  County Va. where he remained 8 or 9 year then went to Lea County where he remained about 10 years applicant then moved to Roane County Tenness. where he has remained ever since. Applicant was born in the Citty of hawkinow, in France, does not know certanty what year he was born in as he has no record of his age. Applicant was living in France aforesaid when he volunteered. Applicant never received a written discharge from the service. applicant states the names of the following persons to whom he is known & has been for a good many years who can testafy as to his character for
veracity and their belief of his services as a soldier of the revolution viz, John Carter Esqr, Reynolds Ramsey, Benjamin Prator, Thomas Prator, Maj. William Belvoir, Simon Eldredge, Britton[?], James Campbell, Harlain Fike, Henry Goodman; applicant also states the names of some other

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of the officers who were with the troops where he served viz Col Morgan & General Wayne, applicant was about 19 years of age when he volunteered. applicant is certain that he served not less that four years in all the time as a private in the militia. applicant is also certain that he served two years & six months of said time after he joined the american army as a private in the malitia for his aforesaid services claims a pension. he is old infirm and very poor, has a wife who is old, to support. applicant hopes as one of his officers, Lafayett received such a handsome reward for his distinguished services that he will receive his mite to smooth his downhill road in his old days. applicant has no documentary evidence of his services, and that he knows of no person whose testimony he can procure, who can testify to his services. it is out of the power of applicant to get a clergyman as there is not one in the neighbourhood that is acquainted with him who is old to [several illegible words]
He hereby relinquishes his every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension Roll of the Agency of any state; sworn to and subscribed the day and year aforesaid 
H L Pines Del
Joseph his X mark Gammar

We Richard Curd residing in the county of Roan & State of Tennessee and Robert Tucker residing in the same hereby certify that we are well acquainted with Joseph Grammar, who has subscribed and sworn to the above declaration, that we believe him to be about seventy five years of age; that is reputed and believed in this 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

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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 Richard Curd & Robert Tucker  who signed the preceding certificate are creditable persons and are  residents in the county of Roane and that their statement is entitled to credit.

Wm. Galbraith
Wm. Eblen
Wm. B. Clark

I Henry Brazeale Clerk of the Court of Roane County Tennessee do hereby certify that the foregoing contains the original procedings of the said Court in the matter of the application of Joseph Grammar for a pension.

In testimony whereof I have hereunto set my hand & private seal not having a seal of office at office in Kingston the 23d day of July 1833.
Henry Breazeale clk
By his deputy
Henry S. Purvis

26628
I certify that Henry Breazeale is clerk of Roan County Court and that Henry S. Purvis is his deputy and that his  signature is sincere and that there is no seal of office for same Court   
July the 23rd 1833

James Shade for Court

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26,628

Joseph Grammar
Roane Co.
Tennessee
Rejected services [illegible person] found in the French army. See letter 26 Sep 1833 to J. Y. Smith
John Pritchel May 23/53

John Y. Smith
Kingston
Tennessee

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War Department,  Pension Office,   
Sir: 
 The evidence in support  of your claim, under the June 7, 1832, has been examined ,  and the papers are herewith returned. The following is a statement of  your case in tabular form. On comparing these papers with the following ruled 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 shew 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 our claim.

A Statement, shewing the Service of Joseph Grammar.

1776
  Period when the service was rendered
Served in the French Army
Duration of the claimant's service.
75 Age at present, and place of above when he entered the service
France

Proof by which the declaration is supported
Traditionary.


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 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, Boatman, &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, mucicians 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,
Sate, Territory, or District of       }  SS.  [only one bracket for two lines]
County of                                   }

On this     day of               personally appeared (a) before A. B. a resident (b) of           in the county of               and State, Territory, or District of      aged (c)      years, who being first duly sworn, according to law, doth on his oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832.  That he enlisted in the Army of the United States in the year (d)     ,  with     and   served in the      (e) regiment of the     line under the following named officers:

[Here set forth the names and rank of the Field and Company Officers:  the tie 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 entered the service, the battles, if any, in which he was engaged, and the country through which he marched     This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]

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

Sworn to and subscribed the day and year aforesaid,
[And then will follow the certificate of the Court.]

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

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

If, on examination of the proper record, the 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 followings additions, viz: 

(k) We, A. B., a Clergyman, residing in the           and C. D, residing in (the same) hereby certify, that we are well acquainted with          , who has subscribed and sworn to the above declaration; that we believe him to be     years of age; that he is reputed and believed, in the neighborhood where resides, to have been a soldier of the Revolution, and that we concur in that opinion. 
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]

And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting 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. who has signed the preceding certificate is a clergyman, resident in the          and that C. D., who has also signed the same is a resident in the           and a credible person, and that their statement is entitled to credit.

I,          Clerk of the Court of          do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of           for a pension.

In testimony whereof, I have hereunto set my hand and seal of office, this     day of           &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

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alleged service, as they are known at the Department. A very full account of the services of each person
will be indispensable to a favorable action upon his case. The facts stated will afford one of the
principal means of corroborating the declaration of the applicant, if true, or of detecting the
imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no
favorable decision can be expected. All applicants will appear before some Court of Record in the
County, in which they reside, and there subscribe and be sworn to, one of the declarations above
provided, according to the nature of his case.
The Court will propound the following [m] interrogatories to all applicants for a pension,
on account of service in the Militia, State troops, or Volunteers, except the Militia of New
Hampshire and the State troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the
Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a
substitute? And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you
served; such Continental and Militia Regiments as you can recollect, and the general
circumstances of your services.
6. To a Soldier. Did you ever receive a discharge from the service, and if so, by
whom was it given and what has become of it?
To an Officer. Did you ever receive a commission, and if so, by whom was it
signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and
who can testify as to your character for veracity, and their belief of your services as a soldier of
the Revolution.
The Court will see that [t]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.
————————————
[a] The declarant must appear in open Court, unless prevented from doing go by reason of
bodily infirmity ; in which ease the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should
fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier most 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. ln 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 — — . For — months and —
days, I served as a — ; and for such service I claim a pension.”
It is important, in all cases, to determine with precision the period for which each applicant
served, and the particular rank he held, As the law directs the pension to be paid according to the
grade of the pensioner and the length of his service. The use of the phrase about three or four
months, it 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.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be
distinguished from any other seal, or if he has no public seal of office, the certificate of a Member
of Congress, proving the official character and signature of the certifying officer, should
accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the
papers is not written on the same sheet of paper which, contains the affidavit, or other papers
authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the
ends of which must pass under the seal of office of the certifying officer, so as to prevent any
paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the
Department, he must prove his service by two credible witnesses, who are required to set forth in
their affidavits the time of the claimant's entering the service, and the time and manner of his
leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate
who may administer the oaths must certify to the credibility of the witnesses, and the official
character and signature of the magistrate must be certified by the proper officer, under his seal of
office.
The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and
State Troops, The proof required by rule in this case applies to continental troops only.
[k] This traditionary evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War
Department, with the declaration.

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In reply to your request of      , received    , for a statement of the military history of Joseph Gammar or Grammar, a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his or his widow's application for pension on file in this Bureau.  R. F. 4,183.
chart
Dates of enlistment on Appointment   Length of Service. Rank.   Officer under whom service was rendered.  Captain. Colonel.  State.

Enlisted in Frances
1776 or 1777 to June 2, '82
Prvt.
In the French Army that landed at Newport R. I.

Battles engaged in , White Plains, Siege at Yorktown
Residence of soldier at enlistment, not stated
Date of application for pension, July 23, 1833.
Residence at date of application, Roane Co., Tenn.
Age at date of application, 75 yrs, Born in France.
Remarks: In 1833  he referred to his wife, name not stated. There is no further data relative to family.
His claim was rejected on the ground that there was no provision of law that entitled the widows of the French Army to pension. 
Respectfully,

Commissioner.

Names of officers & town from which he enlisted could not be deciphered.

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Mr. J. E. Heath Com of Pensions
Washington City D. C.

Wood Hill Tenn
Dec 21

Jan 7/53
Rel. to. case of Joseph Grammar
[illegible]

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December 21, 1852

State of Tennessee Roane County
Hon J. E. Heath 
Dear Sir please examine and see if there is a declaration on file by Joseph Grammar through his attorney John Y. Smith.  Joseph Grammer applied for Pension in sometime in Eighteen hundred and thirty and the claim was Rejected Because he was a furner and at that time I supose that  he was not entitled to a Pension under any act of Congress In forse at that time. Please examine and see if he is entitled to a Pension under any Act of Congress now in forse. the said Joseph Grammer is yet living and states that he is one hundred and four years of age and is very [ illegible helthly?]   and if Joseph Grammer is entitled to a pension from the proof that is on file in your office make the Certificate Payable at  Knoxville Tennessee and if you should lack any Proof of  His Being a truthful man and a man that can be believed on oath with Joseph Grammer can be [illegible tice] on for Being a truthful by all his Neighbours that nows him .  Pleas write to me on the suject as I am Acting for him ass attorney in getting his Pension   Please attend this as soon as you can as the old man is Needy. Direct your  letter John Pritchel Woods Hill Tennessee

I am Very Respectfully your obt servt
John Pritchel

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John Pritchel
May 23/53

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330
Pension Office
May 23 1853

Sir
Joseph Grammer of Tenn. rendered service in the French Army, and is not entitled to a pension under any law in existence.

John Pritchel Esq
Woods Hill
Tenn

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J. Y. Smith
Sep 26, 1833
OC


Recorded Vol 25
/6. 1850

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War Department
Pension Office
September 26, 1833
Sir,

The claim of Joseph Grammer has been examined. The service performed by him was in the French Army. The act under which he claims makes no provisions for such service. His claim has therefore been rejected. The papers will be placed on the files in this office.
The claim of Ann Meany has been allowed, A. certificate for her will be sent to you in a few days.

John Y. Smith Esq.
Kingston
Tennessee

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Sept. 28, 1917.                                        Rev. Sec. Tn.

Bureau of Pensions,
Gentlemen,
Please send me copy of Pension for Revolutionary service of Joseph Gramma of Gammarr, resided in Tennessee in 1833 and applied for a pension. He said that he enlisted in the Cont. (French) troops.
Thanking you so much,
Very truly yours,
Mrs. J. R. Rich,
1215 Tenth St.,
Huntington,
West Va.

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4183

Joseph Grammar

[stamp]
REJECTED

[second column] 
1917 Oct. 3, History to F. W. 
Mrs. J. R. Rich