Revolutionary War Pension and Bounty Land Warrant Application File S. 4496, for Gisborn Lain, Virginia

SERVICE
NUMBER
Va.
Lain Gisborn or Laine Gisborne
S 4496
carded
CONTENTS

7465 West Tennessee
Gisborne Laine
Gisborne Laine of Wilson in the State of W Tenn who was a Private in the company commanded by Captain Dunwody of the St. L. commanded by Col Minden in the V.A. time for 6 weeks
Inscribed on the Roll of W Tenn at the rate of 20 Dollars - Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 16 day of April 1833 and South Josiah McClellan  Lebanon
Arrears to the 4th of March 40.00 Semimont. allowance ending 4 Sept 10.00
$50.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Daniel Dyer Clerk Book 6 Vol. 7 Page 87

Gisborn Lain Pension papers
Dec 27 Oct 10
13.533
Hon. Lewis Cass War department Washington City D.C.
FREE

Declaration in order to obtain the benifit of the act of Congress of the 7 th of June 1832.
State of Tennessee Wilson County
On this 26 day of September one thousand eight hundred and thirty two. Personally appeared before the court of Pleas and Quarter Sessions for the County of Wilson and State aforesaid. Gishorn Lakin a resident of the County and State aforesaid. Aged seventy nine years. Who being first lawfully sworn according to Law. Doth on his oath make the following declaration in order to obtain the benifit of the provisions made by the act of Congress passed the 7 th June 1832. That he entered the service of the United States In the year 1788. as a volunteer under Captain George Durancorpio from Prince William County Virginia and marched to Portsmouth where as well as I recollect I was mustered into service by adjutant McCulloch. Colonel John Wilson were present. (This was about the time the Garrison was first established at Portsmouth) We were stationed there to prevent the British from landing. Colonel Meridith with some regulars were stationed at Portsmouth to manage the artillery. This was about 25 or 30 miles from my place of residence and I was frequently suffered to go home to my family. And when I was wanted, I was notified by a sergeant or corporal to return to the fort. I lived in the lower end of Rutherford County adjoining Prince William. I was in no battle, we had some times had raids after the Tories. I was in actual service about six or seven months in all. And they same times had me at the light house the Salt-house Great bridge & Blackwater bridge. There was a Captain Simning with the Regulars & Joshua Grimes. There was a Captain Spence West & Captain Mulder Lieutenant

Lieutenant, He hereby Relinquishes every Claim what- ever to a pension or annuity except the present. And declares that his name is not on the pension Roll of the agency or any state. I served to the end of the war but I have no discharge. Nor do I have military evidence by which I can prove my services.  I have no name on the pension roll of any state or agency I removed from Warrenton County Va. To Raleigh County W. Va. Where I lived until about 1875. When I removed to the State of Tennessee Wilson. Where I have lived ever since. Sworn to and Subscribed. This 26 th day of Sept 1882.
Test Josiah S. McClain Clerk of said County Court
his Gisborne L. Laine mark
We Joshua Woolfin a clergyman of Residing in the County of Wilson and State of Tennessee within 2. miles of the within named Gisborne Laine. And James Gray within three miles of said Laine. Hereby certify that we are well acquainted with Gisborne Laine who has Subscribed and Sworn to the above declaration. That we believe him to be upwards  seventy years of age That he is reputed and believed by us who may speak  when he resides to have been a Soldier of the Revolution. And that we are  concord in that opinion.
The witnesses state that said Laine is of the  seventy years of age, and has been badly afflicted for many years, and origin- -ally possessed a weak mind. And is rendered much more so by disease, and old age.
Subscribed to and acknowledged. This 26 th day of September 1882.
Sworn to in open court this 26 th of Sept. 1882
Joshua Woolfin James Gray " "
J. S. McClain Clerk Wilson County Court

State of Tennessee } September term of court 1832. Wilson County }
And the said court do hereby declare their opinion after the Investigation of the matter, and after the Interrogatories prescribed by the war department. That the abovenamed applicant was a Revolutionary Soldier and served as he has stated. And the court further certifies that it appears to them that Joshua Woollen who has signed the preceding certificate is a clergyman, Resident in the neighbourhood of said Lakin. And that James Gray who has also signed the same is a Resident in the same neighbourhood. And is a Creditable person. And that their Statements is entitled to credit.
Devyd Bellings J. M. McMillan D. C. Hibbert
State of Tennessee Wilson County I Josiah S. McLain clerk of the court of Pleas & Quarters in said county do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the Application of Gibson Lakin for a pension. In testimony whereof I have hereunto set my hand and seal of said court. This 26 th day of September A.D. 1832.
Josiah S. McLain clerk

No 13,533
Gisborn Sain
Wilson
from 1778 private 6 months $20.
Lucerne
Meredith
Na
Jonah McClain
Leavenworth
Term

BRIEF in the case of  Gisborn Lain of the County of Wilson in the State of Tenn.  (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? 79 years  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.     In 1778 — 6 or 7 — As a Volun t Gen. Col. Mcintosh, Capt. Geo. Lumanenpio  
 5. In what battles was he engaged? none Norfolk Capt  6. Where did he reside when he entered the service? Norfolk Co Va  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? tradition  8. Are the papers defective as to form or authentication? and if so, in what respect? 
Regular
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Levin Bell Examining Clerk.

Rev has
4496
INVALID.
File No. 4496
* Gibson Sam
Port. Riv. line
Act: June 7, 1832
Index:—Vol. A , Page 114
[Arrangement of 1870.]
* Gibson Sam. Records of K. approx 1840

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Gershon Laine 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? yes XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? 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? yes 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? no
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 shewn 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.