Revolutionary War Pension and Bounty Land Warrant Application File S. 7,130, for John Laquir, North Carolina

SERVICE
Nb.
Laquir, John
NUMBER
S. 7.130
carded
CONTENTS

17.611
John Laquain Rutherford Co N.C.
1" 6mo Mr and all
Alma Mater 18mo $60
5. 11. 12. 13. 14
Intg. 7.
P. 328
E.T. -
Eugene Roberts
Smilax N.C.
Th. F. Burchett COK Rutherford Co NC

BRIEF in the case of John Laquair  County of Rutherford  in the State of North Carolina  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 77  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.     vol In 1775 he thinks, "half his time in actual service for more than twelve months." Private Gen. Dumpton   drafted about 1776 5 " " Col: Hamwright   Sub. not stated 3 Col: Cannons or Graham   Resisted not stated 10 Gen: Rutherford   Capt: Alexander   Capt: Loflin   Col: Middleton   Capt: Waters  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Tryon Co N.C.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? no clergyman 
X  Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
J. W. Foster Examining Clerk.

North Carolina. 23.000
John Laquaire* of Rutherford in the State of N. Car. who was a pr. — in the — commanded by Captain — of the Reg t commanded by Col: Middleton in the N. Ca line for
18 mo:
Inscribed on the Roll of N. Carolina at the rate of 60 Dollars — Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 31 st day of Oct: 33, and Sarah P. Roberts. Lincolnton. N. Car..
Arrears to the 4th of Sept 1833. 150.— Semi-ant. allowance ending 4 Mar 34 30 $180—
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Nath. Rice Clerk Book e Vol. 6 th Page 62
* Correct name John Lequin Records Off. Adj.

State of North Carolina } On this 23 rd day of October 1832 Rutherford County } Personally appeared in open Court before the Justices of the Court now sitting John Lagnais a Resident of the United States in the County of Rutherford and State of North Carolina aged Seventy Seven years who being first duly sworn according to law doth on his Oath make the declaration in order to obtain the benefit of the Act of Congress passed the 7 th of June 1832 That he entered the Service of the United States under the following named Officers and Served as herein stated
He saith to the best of his Recollection about the Year 1775. he was living in Tryon County North Carolina the times became very Boisterous and all the Men Capable of Bearing fire Arms had to take sides either became a Volunteer under Col n Hamright for the purpose of keeping those that was against the Independence of the Country from embarking themselves and having a strong hold on us by calling the Indians to their assistance in keeping them scattered we was frequently called on and sent to Disperse them I am not able to say how much time was spent in this Service but would suppose that I was the full half of my time in Actual Service for more than Twelve Months I was I think in the Year 1776. Drafted for five Months under Captain Robert Alexander we March on a southern Town under Col n Lock to the 10. Mile House on the Charleston Road where we Joined the Army under the Command of General Rutherford we was stationed at that place for some time from that place we was ordered on to Savannah we was halted at a place Called Pinesburg Just below the Two Sister Ferry we was sent up the River Opposite Brim brook where we Remained but a short time before the Battle was fought where we was  the Battle was  fought  where  Genl  Ashe  was  Defeated  I was not in the Battle was on the Opposite side of the the Battle was fought where Genl Ashe was Defeated I was not in the Battle was on the Opposite side of the River as one of the Guard over the Magazines we was shortly after Discharged our Term of Service expired and I Returned home my next Service was a substitute for Three months for a man by the name of Murphy under Captain Loftin and under the Command of Col n Garuth or Col n W m Graham I do not Recollect which we went on to head the British Army and was placed at the Tuckasegee Ford to prevent them from Crossing at that place

They broke the River above us from that place we was ordered on to Guilford from that place my Term of Service expired and I Returned home in the West Service I enlisted for Ten Months in the State Troops under Captain William Trotty was immediately placed under General Sumter Col d McAditon and Captain Waters had the Command of this Division I belonged to the Horse Service Orangeburg was our head Quarters we scouted all through that Section of Country we was stationed some time at a place after the Wholes we passed frequently from Darlington on to the Cypress My term expired about Orangeburg I was Discharged and Returned home to Rutherford County North Carolina I am Illiterate it is Impossible for me to give Dates of my Discharges at the Different places where I left the Army but did not take care of them they are entirely lost to me I am Old and have a Very Helpless Family to support and no way to support them only by my daily labour I spent the prime of my life in the defense of our liberty I am a Frenchman by Birth My Father came to the Colonies when I was about Eight years of age and his lessons to me when a Child and after the Troublesome times and I had grown to man hood is Impressed on my mind and will be there as long as I live the expression was something like this John I left France in Search of Liberty now the Call is Liberty or Death he gave the Charge and I obeyed it I am now poor Indigent and Call on a generous public to give me something to soothe my Drooping Spirits that when there is no man I say it may be said that John Lazine has done his duty he hereby Relinquishes every Claim to a pension except the present and states that his name is not on the pension Roll of the Agency of any State whatever
Question 1 st by the Court Where and in what year were you Born Answer 1 st - all the Information I have on that subject is this I recollect that I have heard my Father say I was born in

Heance in the Year 1835
Question 2 nd Have you any Record of your age if so where is it
Answer I have no perfect Record of my age on by what I have been Told by my parents and that from the time they came to this Country
Question 3 rd Where were you living when called into service where have you lived since the Revolutionary War and where do you now live
Answer I was living when called into service in Tryon County now Rutherford County N. Carolina in the neighborhood of where I now reside and have resided in the same place ever since
Question 4 th How were you called into service were you drafted or did you volunteer or were you a substitute and if a substitute for whom
Answer I was first a Volunteer I think in the year 1773 from some Circumstances I was continued in that situation for some thing like 18 months (During that time I performed considerable duty in scouting parties after the Indians and keeping the Tories from encroaching the time I was out on duty I cannot say on by that I done nothing else until drafted - say this is -
6. months
I was then drafted for -
5. months
I was then a substitute for a man by the name of Murphy
3. months
I then enlisted in the State Troops for
10. months
I think I served more than 30 months but am not able to give a more detailed account of my service at this time
24. months
State the names of some of the General Regular Officers whom you served such Continental Officers and militia officers as you recollect
I recollect General Rutherford & General Sumter that I served under Also Col. McDade and Col. William Graham and Col. Caruthers
State the names of some persons to whom you are known in your neighborhood who can testify as to your character for veracity and good behavior your services as a soldier in the Revolution
Sworn to and subscribed the day and year aforesaid on open Court
Witness Thos P. Birchett
John
Leff

We John Roberts & Geo. Cabaniss Blagg Residing in the County of the Rutherford and state of North Carolina and Residing in the same County and state do here by Certify that we are well acquainted with John Laguair who has subscribed and sworn to the above Declaration that we believe him to be seventy seven years of age that he is Deputed and believed in the neighborhood when he Resides to have been a soldier of the Revolution and that we concur in that opinion
Sworn to and subscribed the day and year aforesaid in open Court (Thos. F. Burchett) Clk John Roberts (seal) Geo. Cabaniss (seal)
And the said Court do here by Deliver 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 John Roberts who has signed the above preceding Certificate is a Blagg Resident in the County & state aforesaid and that George Cabaniss who has also signed the same are both credible persons and that their statement is entitled to credit
(Thos. F. Burchett) Clerk of the County Court of the County of Rutherford and state of North Carolina do hereby Certify that the foregoing contain the Original proceeding in the matter of the Application of John Laguair for a pension In Testimony whereof I have hereunto set my hand and seal of Office this 31 st day of October A.D. 1832 (Thos. F. Burchett) Clk
(Burat) 11951 John Laguair

Rev War
7130
INVALID.
File No. 7130
John Leguir prior Rev War
Act: June 7 th 1832
Index:—Vol. 1 ed, Page 215
[Arrangement of 1870.]
Correct name John Leguir Records OR June 16-1904 Act.

John Lague

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of John Laguan 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? no 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? yes

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? no clergyman and two credible citizens XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? no 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's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? no If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? 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? 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? 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 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 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.
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 authenticates 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 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.
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, proving the official character and signature of the certifying officer, should accompany the papers.
What proof by service under the enlistment

State of North Carolina } July the 24 th AD 1833 Lincoln County }
On this 24 th day of July 1833 personally appeared before me George Hoke — an acting justice of the peace in and for the County of Lincoln and State of North Carolina Joshua Roberts of said County who being first duly sworn according to Law, saith that he was acquainted with John Lequire of Rutherford County, in the War of the revolution, and knows that he died, as he states for five months in the army of Genl. Rutherford and that for he was present with him for that length of time
sworn to and subscribed the day and year aforesaid before me Joshua his Roberts
G. Hoke J.P.
Mark
I. George Hoke an acting Justice of Peace for Lincoln County certify that Joshua Roberts who made the above affidavit is entitled to full credit
July 24 th 1833
G. Hoke J.P.

State of North Carolina Lincoln County } ss
I Vardry McBee, Clerk of the Courts of Pleas and quarter Sessions in and for the County of Lincoln, do hereby certify that George Hoke and John Lucker who have certified as to the veracity of Joshua Roberts and Charles Thompson and who have signed the foregoing affidavits of said Joshua Roberts and Charles Thompson are acting justices of the peace in and for said County of Lincoln duly appointed and sworn, and the signatures purporting to be the signatures of the said George Hoke, and John Lucker are genuine, and are entitled to credit —
In testimony whereof I have hereunto set my name and affixed the seal of my Office at the 11 th day of September A D 1833
Vardry McBee

(State of North Carolina } Lincoln County }
June the 4 th AD 1833
On this 4 th day of June 1833 personally appeared before me John Tucker an acting justice of the peace in and for the County of Lincoln aforesaid. Charles Thompson a resident of said County, who being first duly sworn according to Law, makes the following statement relative to the service of John Sequire of Rutherford County & State aforesaid in the War of the Revolution. He says that he saw said John Sequire at different times in the army of General Sumpter during the ten months service at which time he (Thompson) was a soldier in Sumpter's army, that he did not belong to the same company with Sequire, neither did he know positively at that time that Sequire was a soldier but supposed that he was, that he has been acquainted with said Sequire ever since & from conversations that he has had with him at different times since the Revolution & from descriptions of the places through which they marched & from the description of various incidents that occurred in the army during that time, which have been related to him by said Sequire he has reason to believe he served as he states he also believes said Sequire to be a man of truth and that he has always been so considered in the vicinity in which he resides - Sworn to and subscribed the day & year aforesaid
J. Tucker!
Charles Thompson mark

State of North Carolina Lincoln County                      June the 4 th 1833
I John Tucker a justice of the peace in and for the County of Lincoln aforesaid hereby certify that Charles Thompson, who has sworn to the foregoing affidavit relative to the services of John Lequire is considered a man of truth in his neighbourhood, and I also consider him as such, and that his statement on oath is entitled to credit
J. Tucker (J.P.)

State of North Carolina } June the 2 nd day AD 1833 Rutherford County }
Personally appeared before me the under signed a justice of the peace in and for the said County of Rutherford John Lequire, who being first duly sworn according to law makes the following statement on oath amendatory to his former declaration for a pension dated the 23 rd day of October 1833. That he cannot state with absolute certainty the precise period of his service under Col. Hammett mentioned in his former declaration but knows that he did not service less than five months, that he served five months in the service in which Robert Alexander was his Captain, that he served three months as a substitute for a man the name of Murphy under Capt. Loftis before mentioned, & that he served ten months as a listed soldier in the army of Genl. Sumpter under Capt. Water, as before stated, making in the whole not less than twenty three months that he was in actual service, during which time he was not employed in any civil occupation, but was either in the camp or in the field — in defence of his country — that since the time of his making his declaration before mentioned he has been able to procure the testimony of Charles Thompson and Joshua Roberts, who prove some part of his service — that he is well acquainted with John Roberts & George Leavely, who live in his present neighbourhood and who have testified as to his character for veracity and given their opinion as to his service in the Revolution, and that he has been acquainted with them for a large number of years — that there is no Clergyman living in his neighbourhood, and that from the situation of his family he has been confined at home very closely and therefore is unable to procure the certificate of a Clergyman — that from the infirmity of old age he is unable to go to the Courthouse without subjecting himself to very great hazard and inconvenience
Sworn to and subscribed the day and year above written
J. Roberts W 3 W 3
John Lequire

State of North Carolina } June the 2 nd day AD 1833 Rutherford County }
I Martin Roberts one of the justices of the peace in and for the County of Rutherford & State of North Carolina hereby certify that I have been acquainted with John Squire whose name is signed to the preceding declaration and amulatory declaration, for the space of thirty five or forty years and that I have lived a near neighbour to him, that he has always borne the character of an honest man and a man of truth in his neighbourhood, and has always been reputed and believed to have been a soldier of the revolution — I also certify that there is no Clergyman living in his neighbourhood, and that from the infirmity of old age and the distance he lives from the Courthouse that he could not travel to the Courthouse without subjecting himself to hazard hazard and inconvenience — Given under my hand and Seal the day & year above stated
M Roberts J.P.
State of North Carolina Rutherford County } 3 rd
I Thos P. Bixchell Clerk of the Court of Pleas & Quarter Sessions in and for said County of Rutherford, do certify that Martin Roberts Esq. who has testified hereto to the peace, character & the neighbourhood opinions of the revolutionary services of John Squire, and who has also testified to the reading of the Affidavit hereto, before him, by John Squire, is a Magistrate of said County, duly appointed & sworn — and the signatures purporting to be his are believed to be genuine and are entitled to credit —
In testimony whereof I have hereunto set my name and affixed the Seal of my office at Rutherford the 28 th day of August A.D. 1833 —
T. P. Bixchell Clk