Revolutionary War Pension and Bounty Land Warrant Application File R. 5555, for Emory Jarman, North Carolina

SERVICE
NUMBER
N.E.
Farman, Emory
R. 5555
CONTENTS

5985-
Emory Sannan
5555
W. Hill
Diserted
with letters.
after return from M. O. sent to Mr. Lupton.
James Wain

5985-
BRIEF in the case of  Emory Sarman County of Knox  in the State of Tennessee (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Judge  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? As Court  3. How old is he? 69  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     enlisted In 1780 Summer 1 6 — As a private Gen. Miller 3 or 4 th reg out. N.C. Line: Capt. Sharp, Col. A. Little  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Anson City N.C.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Neither  8. Are the papers defective as to form or authentication? and if so, in what respect? The Clerk's public Seal of Office is not affixed 
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
J. Waugh Examining Clerk.

State of Tennessee } ss on this 20th day of August 1832
Knox County } Personally appeared before me Samuel Powell one of the Circuit Judges of law and Equity in and for the state of Tennessee and for the first Judicial Circuit Emory Garmen a resident of the said County of Knox and state of Tennessee in the county of Knox and state of Tennessee 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 benefit of the provision made by the act of congress passed June 7 1832 that he enlisted in the army of the United States in the year 1780 in the latter part of the summer or the early part of the fall for eighteen months with Capt Miller he thinks John Miller not certain as to his christian name and served he thinks in the 1st Regiment of the North Carolina line which was ordered to the 3d Regiment about the time he joined under the following named officers Branderwood of Salisbury was there put under Capt Sharp his given name not recollecting & Col. Archibald Little his given name not recollecting so as to be certain as to which Marched to
Schley Hill thence to Gains Island opposite to Charleston South Carolina whether there was a Genl or H. Ireland or not he don't recollect was lay there till our time was out he was then honorably discharged which discharge was signed by Capt Sharp but it is lost or mislaid He lived in Anson County North Carolina where he enlisted and enlisted in Wards Burrough in said County & served eighteen months He has no documentary evidence He hereby relinquishes every claim whatever to a pension or annuity except the present and he declares that his name is not on the pension roll of the agency of any state sworn and subscribed the day and year aforesaid
Known to me to be the person described to me and who proved to be the person described to me in Open Court, 20th August 1832
Emory Garmen
W. M. Wood

And the said Court do hereby declare their opinion that the above named applicant was a revolutionary soldier and served as he states
E. Morrissey Circuit Court of the State of Tennessee
I William Swan Clerk of the Circuit Court of said Knox County and State of Tennessee it being a Court of Record do hereby certify that the foregoing contains the allegorical proceedings of the said Court in the matter of the application of
Emory Farnan for a pension In testimony whereof I have hereunto set my hand and private seal having no seal of office at office in Knoxville this 24th day of August 1832 W. Swan
Ms 59 83 14/14 Emory Farnan
Emory Farnan
after having been admitted to the said Court
Direct to James Blair Knoxville Tennessee

(Emory Sarman - applicant's name) state of Tennessee } On this 9 th day of February 1836 personally Knox County } appeared in open Court at a Circuit Court now holding for said County by the Hon. Edward Scott, being a Court of record, Emory Sarman a citizen of said County who aged 73 years who upon his oath made the following declara- tion in order to obtain the benefits of an act of Congress passed on the 5 th June 1832.
That he was born in Queen Ann County, Maryland on the 1 st day of February 1763, where he lived about 3 years, when he moved with his father to Anson County N. Carolina, where he continued during the whole of the revolutionary war and for several years after, when he moved to Cumber- land City N.C. where he lived about 30 years, when he moved to Wayne County Tennessee where he lived about 8 years, when he moved and permanently settled in Knox County Tenn. where he has continued to live ever since and still lives -
He states that he cannot remember accurately the precise period when he first entered into the army but he thinks it was about 3 years before the termination of the war, when he entered the army as a private volunteer, and was enrolled at Anson Court house into a company commanded by Captain Patrick Bagan and which company was attached to a Regi- ment commanded by Colonel Wayne - he states that he marched under said officers against the Tories who were embodied at Beathie's Bridge on Scramming Creek, and after dispersing them there, he returned home having been in service one week - he states that shortly after this service, he marched under the same officers to dislodge the British who were stationed in a brick house near Wilmington - he states that on coming near the brick house his company took two British soldiers prison- ers, and these prisoners told them how strongly the house was fortified and dissuaded them from attempting to take it, and the prisoners having told them of a body of Tories who were collected a short distance below on the Cape Fear River - appli-

them, after which they returned home having been in service one 7 days week - applicant states that shortly after his return from this last service he was drafted for a term of three months and was enrolled into a company commanded by Captain James Fair under whose command he marched to Anson Old Courthouse where the whole of the draft from Anson County were collected, and then applicant marched with all the troops of said County down to Col. Brington's command, which was stationed near the Hickory Grove on Big Pee Dee river - applicant states after reaching Col. Brington's station his said Captain Fair left the army and returned home, and applicant and his company were put under some other captain, whose name he does not now recollect - he remained there under the command of Col. Brington until the three months for which he had been drafted had expired when he returned home - applicant states that but a few days after his return home he again volunteered and went under the command of his former Captain Boyan and marched towards Camden to join Genl. Gates army - he joined said army but a few hours before the battle in which Gates was defeated and fought a little while in the left wing, when he retreated with the balance of the army and returned home - applicant states he was in service this term four days - applicant states that but a few days after Gates defeat he enlisted into the regular army at Anson New Courthouse, for a term of eighteen months under Captain - Miller , under whom he marched to Salisbury N.C. where he was placed into a company commanded by Captain - Sharp , which company was attached to a Regiment under the command of Col. Archibald Little - under these officers applicant marched to Charleston S.C. was stationed on Sullivan Island until after the British had evacuated Charleston and peace was approaching, when applicant was honorably discharged on Sullivan Island by Col. Little and he returned

home - he was discharged about two months before the period of his enlistment had expired, making his service in the regular army a period of 16 months - applicant states that he performed service in the revolutionary war as above stated, as a private militia man, three months, two weeks and four days, and as a private in the regular army sixteen months, amounting altogether to a service of nineteen months two weeks and four days, for which he claims a pension - applicant states that he has a record of his age in his Bible, which was taken from his father's record - he states that there is no Clergyman living in his neighborhood - he states that the individuals in his neighborhood who are acquainted with him and can testify as to his veracity and his reputation for having served in the revolutionary war are James Murray, Ruben Walker, Elijah Walker, Robert Galtaker and others - he states that he received a written discharge at the expiration of his said three months service, from Col. Arnington, and also a written discharge from Col. Little at the time he left the regular army - these these discharges he states are both long since lost and destroyed - he states that he has no documentary proof whatever of his said services, nor does he know of any person whose testimony he can procure, who can testify to his services - he hereby relinquishes all claim to any pension or annuity whatever except the present and declares that his name is not on the pension list roll of the agency of any state
Sworn to and subscribed by Moses Jackson in open court this
9 th day of February 1836
Wm Brown Clerk

State of Tennessee
Vinnon County
We James D. Murray Ruben Walker residing in said County do hereby certify that we are acquainted with Emory Serman who has subscribed and sworn to the foregoing declaration - that we believe him to be 73 years of age; that he is reputed and believed, in the neighbourhood where he resides to have been a soldier of the Revolution and that we concur in that opinion James D. Murray Sworn to and subscribed in open Court this 9 th day of Feby. 1836
R. Walker
William Swan
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 James D. Murray and Ruben Walker who have signed the preceding certificate are residents of said County of Vinnon - that they are credible persons and that their statements are entitled to full credit
A. W. Scott one of the Judges of the Circuit Courts of Law in for the State of Tennessee
State of Tennessee
Vinnon County
I William Swan clerk of the Circuit Court of said County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Emory Serman for a pension
In testimony whereof I have hereunto set my hand and private seal having no seal of office this 9 th day of February 1836
William Swan
33.696
Hon. A. Scott, H.R.
I Luke Lea a member in Congress from the State of Tennessee do hereby certify that William Swan is clerk of the Circuit Court for Vinnon County, Tenn. and being well acquainted with the hand writing of said Swan, I believe the foregoing signatures purporting to be his are genuine
Luke Lea

Suspended Rejected
Let. 21 May 1836 W. Mill. Sec of State Ral. and to R. and Luke bear; do. 27 May 1836
deserted.

Rejected for letter 26 March 33 to James Rain, Knox ville, Ten.
Deserted.
Mr. Mills letter contain- ing informts respecting several cases filed with one of them which we admitted

Acts of July 14, 1862, and March 3, 1873.
5 5 5 5
P. O.
Emory Jarman Service: Jarman
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
REJECTED
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Emory Sarman which require further proof or explanation.
I. Does the declaration show where the applicant resides?
yes
II. Did the declarant make the declaration in the county where he resides?
yes
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? _____
IV. Has the declarant mentioned the period or periods of the war when he served?
yes
V. * Has he mentioned 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?
yes
VI. Has he given the names of the officers under whom he served, in conformity with the regulations?
yes
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?
yes
VIII. Has the Court given their opinion?
yes
IX. Has the Clerk given his certificate?
yes
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?
No

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? Yes XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? Yes XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? No XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? Yes Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? Yes XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? Yes XVI. ‡ Are the papers authenticated as the regulations direct? Yes XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 12 5 7
EXPLANATORY NOTES.
* QUERE V. 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 _____. 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 the 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.
†QUERE XIV. 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 claimants 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.
†QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end 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.
†. " In every case where the Clerk of the Court, or other certifying Officer, has no public seal of Office, the certificate of a Member of Congress, showing the official character and signature of the certifying officer, should be sent with the papers. "

Hall House Reps. May 19 th 1836.
Col. James L. Edwards,
Sir,
Enclosed you have the Declaration of Emory Sarman asking for a pension under the act of June 7 th 1832 - which I hope upon examination may be found to be such as will entitle him to the bounty of his country -
Very respectfully Your obt. Servt
Luka Lea

FILE E
James L. Edwards Esq. Commissioner of Pensions Washington.
Ms. A. 9. 2. 24

State of North Carolina Secretary of States Office 24 th May 1836.
Sir
It appears from the musterrolls that Emory German a Soldier, entered the service in 1782 under Capt. Sharpe for 18 months, and that he deserted 5 th May 1783. I therefore suppose it unnecessary to give a certificate.
I am very Respectfully your ob t serv t W m Hill
Jas L. Edwards Esq r Commissioner of Pensions Washington