Revolutionary War Pension and Bounty Land Warrant Application File R. 8093, for John Penland, North Carolina

SERVICE
NUMBER
96.6
Penland, John Alice
R. 8.093
CONTENTS

State of North Carolina Court of Pleas and quarter. Buncombe county 3 Sessions July Sessions 1837.
On this 4 th day of July 1837, personally appeared in open court, before William Blackstock, Elisha King and Alexander McFee Justices holding the court aforesaid, John Purland a resident of the County of Buncombe and State aforesaid aged 73 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 act of bankruptcy passed June 7 th 1832. That he entered the service of the United States under the following named officers and served as herein stated. He entered the service as a substitute for Robert Purland as a private in the Militia, in the County of Burke North Carolina in the early part of the summer 1780 or 1781. (he cannot speak with certainty as to the year) in the Company commanded by Captain Kemp in the Regiment commanded by Col Charles McDowell, for the term of three months. He marched into South Carolina Spartanburg District, where he continued marching from one point to another not remaining long at any one place until the term of his service expired, and was discharged in South Carolina having served the term of three months. He entered the service again in the month of October or November of the same year, he thinks 1781, in the County of Burke North Carolina as a volunteer private in the Militia in the Company commanded by Captain Joseph McDowell in the Regiment commanded by Col Charles McDowell. He started to march to Wilmington North Carolina, but a few miles before he reached that place was taken sick two or three weeks before

for vers. at  the expiration of the term for which he had entered, being unable to march further he was left there by the balance of the Army who marched on to Wilmington. He being considered by the Col. as unfit for duty in consequence of his sickness, was discharged and the Col. furnished him with a horse to ride home, before he arrived at home or about that time he is certain before he was fit for he thinks the term of his services, three months had expired. He afterwards served about six months against the Indians and Tories, but being informed that the War Department considered this latter service as unauthorized by the Government at the time he thinks it unnecessary to detail it particularly. He has no doc- umentary evidence in his power to prove his said services nor does he know of any person now living by whom he can prove any of his said services except Samuel Alexander and William Morris who live in the County of Burke. He hereby relinquishes every claim whatever to a pension or annuity except the present and claims that his name is not on the pension roll of the agency of any State that he applied to the War Department about three years ago as well as now recollects, not having seen said decla- ration since it was proved in Court he cannot speak with certainty as to the date.
John Penland
I sworn to and subscribed in open Court 4 th of July 1837. John Miller L.B.B.L. By John B. Whiteside D.C.
Where and in what year were you born? I was born on the 29 th of November 1764 in New Castle County State of Pennsylvania. Have you any record of your age and where is it My age was recorded in my father's Bible in which I have often seen it. My father died some years ago.
RB 57

The County of Burke and Thomas or of my brothers or sisters took possession of the Bible and I do not now know where it is.
Where were you living when called into service; where have you lived since the revolutionary war, and where do you now live?
I was living on a creek called Upper Creek in the County of Burke North Carolina, I continued to live in said County until the year 1811. when I removed to the County of Bennington where I have lived ever since and where I now live.
How were you called into service; were you drafted did you volunteer or were you a substitute? and if a substitute for whom?
I was a substitute the first three months for Robert Purdie the next three months I was a volunteer. In the subsequent campaigns against the Indians and Tories I was a volunteer. State the names of some of the regular officers who were with the troops when you served; such continental and militia regiments as you can recollect and the general circumstances of your service.
There were some regular troops I think in the neighborhood of Wilmington when we marched there, but getting sick before I reached the place I am not certain whether the army to which I was attached joined them or not, nor do I remember to have seen any of the officers I was never under any higher officer than a Col. nor with any other troops except those under the command of Col. McDowell. nor was I in any engagement during my service.
Did you ever receive a discharge from the service; and if so by whom was it given, and what has become of it.
I do not think I ever received a written discharge I was discharged verbally both times by Col. Charles McDowell.
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? I am known by Charles Moore, James M. Smith, Col. Samuel Brum, John Hawkins and many others. {Sworn to & subscribed the 4th of July 1837} John Miller L.L.B. &c. John Penland
We Christopher Bradshaw a clergyman residing in the county of Buncombe and Charles Moore and James M. Smith residing in the same hereby certify, that we are well acquainted with John Penland who has subscribed and sworn to the above declaration; that we believe him to be 73 years of age; that he is respected and believed in the neighborhood where he resides to have been a soldier of the revolution and that we concur in that opinion.
Sworn to & subscribed the 5th day of July 1837 John Miller L.L.B. &c. By John B. Whiteside D.L.
Christopher Bradshaw Charles Moore James M. Smith
And the said board 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 board further certifies that it appears to them that Christopher Bradshaw who has signed the preceding certificates is a clergyman residing in the county of Buncombe and that Charles Moore and James M. Smith who have also signed the same are residents in said county and are credible persons and that their statement is entitled to credit. They further certify that they are acquainted with John Penland the applicant and that his character for truth and veracity is unimpeachable.
State of North Carolina, Buncombe county } John Miller clerk of the court of Pleas and Quarter Sessions for the county aforesaid, do hereby certify, that the foregoing contains the original proceedings of the said board in the matter of the application of John Penland for a pension.
David Rootstock M c Millan Elisha King
In testimony whereof I have hereunto set my hand and seal of office. This 3rd day of August 1837 John Miller L.L.B. &c. By John B. Whiteside D.L.
B.B. 3-1

Rejected Rev. Pension Claim Act of June 7. 1832
John Peuland N.C.
Power of Attorney to examine claim
Chas. C. Tucker atty. Present.
Chas. C. Tucker Attorney Present
Power of Attorney to examine claim
Revolutionary Pension Claim Act of 1832

I know all men by these presents; That I, Alice Penland, of the County of Buncombe and State of North Carolina, do hereby constitute and appoint Chas C. Fisher of Washington City, D. C. my true and lawful Agent and Attorney to prosecute the claim of John Penland dec d , or myself Alice Penland, widow of said John Penland, for any amount of Revolutionary Pension or increase of Pension that may be due under the provisions of the Act of February 3 rd 1832 or any other Act or Resolution of Congress, and I hereby authorise my said Attorney to examine all papers and documents in relation to said claim, on file in the Department at Washington City, or elsewhere, to file additional evidence or arguments, and to receive the Certificate which may be issued for said claim, and to appoint one or more substitutes under him for the purposes herein expressed; and to do all things that I might or could do, were I personally present. Whereby ratifying and confirming all that my said Attorney may lawfully do in the premises. Witness my hand & seal this 11 th day of May 1835- in presence of Chas C Penland Alice her Penland mark

State of North Carolina } Buncombe County { ss. } On this 11 th day of May 1855, before me, an acting justice of the Peace, in and for the county and State above mentioned, personally appeared Alice Penland and acknowledged the foregoing power of Attorney to be her act and deed for the purpose therein mentioned.
John Thrash J.P.
State of North Carolina } Buncombe County { ss. }
On this 11 th day of May 1855, before me the undersigned, an acting justice of the peace in and for said County and State, personally appeared Alice Penland a resi- dent of said County, and made oath accord- ing to law, that she is the identical Alice Penland who executed the foregoing power of Attorney, and that she is directly interested in said claim, and makes this affidavit to be filed with such additional evidence or arguments as my said Attorney may use in prosecuting said claim. Sworn to and subscribed the day and year above written, before me
John Thrash J.P.
Alice Penland + mark

State of North Carolina County of Buncombe
I, R. B. Vance, Clerk of the County Court of Buncombe (Court of Pleas and Quarter Sessions of Buncombe County) do hereby certify that John Thrash Esq. before whom the foregoing affidavit and acknowledgement were made, and who has hereunto signed his name, was at the time of so doing, a Justice of the Peace, in and for the County and State aforesaid, duly commissioned and sworn and that all his official acts, as such, are entitled to full faith and credit.
In testimony whereof, I have hereunto signed my name, and affixed my official seal this 7 th day April 1856
R. B. Vance Clerk.

Action July 14, 1962, and March 2, 1972.
REJECTED
8023
P. O.
John Penland
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____, 18

State of N Carolina } Bladen County }
On this the 28 th day of August A D 1830 personally appeared before me, the undersigned an acting Justice of a Court of Pleas for the County and State above mentioned, John Penland, a resident on Waccamaw in said County, aged eighty six who being first duly sworn according to law doth on his oath make the following declaration in addition to the one already made and now on file in the Department, in order to obtain the benefit of the provision made by an act of Congress, passed March 7 th 1832.
That he entered the service of the United States under the following named officers, and served as herein stated:
That he entered said service from Bladen County and State of N Carolina in the year one thousand seven hundred and eighty one under one Capt Jolly who belonged to Colonel McDowell, as an Indian Spy, and served about four weeks.
The applicant says that this was a volunteer expedition, and that they did not enter for any specific time, but marched against the Cherokee Indians, and after destroying the stores in Tennessee, and being gone about 4 weeks the company again returned home and were disbanded.
That in the year 1781 he again entered said service under Captain Heilan and also belonging to Col McDowell's Regiment of Militia, and was again a volunteer as above.

an Indian War. He further says that he is of opinion that this period of service was in length about four weeks, and was a kind of scouting party or company which were held in readiness to march when ever the Indians proved troublesome.
He further says that these short towns above mentioned was not put down in his former declaration for the reason that he did not know that he had the right to count Indian services.
He further says that the service which he mentioned in his former declaration was first one town of three months under Captain Kennedy, and Capt Camp who was under Col McDowell, and that the second was under Capt White who also belonged to Col McDowell's Regiment of Malitia, which two services constituted six months service, and a third town of nearly three months, under one Capt Johnson still belonging to Col McDowell's Regiment of N o Carolina Malitia, and that these three towns constituted nearly nine months service, exclusive of the two towns which was for four weeks each.
John Hawkins
Sworn to and subscribed on the day and year above written
John Hawkins State of N o Carolina, I, John Hawkins an Barncombe County, acting justice of a board of Records in and for the county and state

above mentioned, do hereby certify that John Penland who has made and signed the foregoing declaration is a man of good character in this county, and I believe the statement which he has made in it is true to the best of his knowledge, and I believe him to be eighty six years old. I also certify that he is from bodily infirmity incapable of attending on the courts of this county. I also certify that it is generally believed by all who know him that he was a soldier of the Revolutionary war, in testimony of which I have set my hand; This the 28 August 1830
John Harkins J.P.
We the undersigned John Reynolds a clergyman residing in Buncombe County, and E. K. Hentzel a clergyman residing in the same hereby certify that we are well acquainted with John Penland who has subscribed and sworn to the above declaration; that we believe him to be eighty six years old, that he is respected and believed in the neighborhood where he resides to have been a soldier of the Revolutionary war; and that we concur in that opinion
E. K. Hentzel clergyman John Reynolds clergyman
Sworn to and subscribed on the 28 August 1830
J. H. K.
I do hereby certify that John Reynolds and E. K. Hentzel are both of them clergyman in Buncombe Co. August 28 1830
John Harkins J.P.

State of North Carolina On this the 28th day Buncombe County } of August A.D. 1830 personally appeared before me the under signed E. Morgan, W m Morgan and Rufus H. Lewis who being first duly sworn according to law say on their oaths that they are personally acquainted with John Penland, and that he is a man of good character in this county and that full reliance may be placed in his testimony, and that he is reputed and be- lieved in this county to have been a Revolu- tionary soldier, and served as he states
E. Morgan
W m Morgan
Rufus H. Lewis
Sworn and subscribed before me on the day and year above written.
I do hereby certify that the men who have sworn and subscribed to the foregoing  foregoing affidavits are respectable persons. August 28 1830
John H. Hinkley, B.C.
State of North Carolina } County Court Office
Buncombe County } the 28 th August 1830.
I. Robert B. Pance, Clerk of the Court of Pleas &
Quarters Sessions, (a Court of Record), for said County.
State, certify that William Morgan Esq., whose proper signature appears to the foregoing, is a Justice of our said Court, duly Commissioned and qualified, according to law.
In testimony whereof, I have hereunto let my hand & affixed the seal of our said Court, at Office in the Town of Asheville day and date above.
R. B. Pance C.K.
for Penland case

Power of Attorney In John Penkane's case to
C. W. Bumpus Washington City

Know all men by these presents, That I John Penland of Buncombe County and State of North Carolina have made, and by these presents do make, constitute and appoint, Clement W. Bennett of the city of Washington and District of Columbia, Attorney at Law, and Squibb claimants; my Attorney both in law and in fact, for me and in my behalf, and in my name, or in his own name, or otherwise at his discretion, to ask apply for, obtain, recover and receive from the Secretary of War, the Commission- er of Pensions, the Pay Master General, and from any office or department of the United States Government, or any officer, or person connected therewith, all sums of money, arrearages of pay extra pay, bounty lands, pensions, claims, allowances or property of any kind, that may be due or become due to me, for or on account of my military or other services, or for sup- plies furnished by me, to, for or on account of any officer, agent or other person, in the employ- or service of the United States, for which I have now, or may hereafter have any claim- meter, or by virtue of any enactment of the Congress of the United States, or in any way what- soever; and I hereby authorise my said attorney to take all lawful means for the recovery of the aforesaid or any part thereof; to attend to the final adjustment of all business now pend- ing before either of the officers or officials above mentioned in which I am interested, to give all necessary discharges; to make compromise if deemed expedient , and to do all other acts in the premises, that I myself could do, were I per-

(Mistake; no turning the sheet)
[Faint, mirrored handwritten text, likely bleed-through from the reverse side of the page. The text is mostly illegible due to the orientation and fading.]

usually present, and attorney mean time to app oint for the above purposes, and again at his pleasure to revoke: Hereby ratifying all like powers heretofore executed by me, and also hereby granting to my said attorney Clement W. Bennett, all my power and authority in the premises, firmly and irrevocably and ratify- ing what so ever he or his deputies shall do lawfully by virtue hereof.
Witness my hand and seal, this the 28th day of August AD 1830
Signed seal, and executed } John Penland in the presence of } E. Morgan & } Two witnesses Wm Morgan }
State of N Carolina } ss Runcome county }
On this the 28th day of August AD 1830 personally appeared before me the undersigned the above named John Penland, to me known and acknowledged the foregoing Power of Attorney to be his own act and deed for the purposes therein mentioned.
John Hawkins J.P.R.

State of North Carolina } County Court Office The 28
Puncombe County } day of August A D 1857.
I Robert B. Vance, Clerk of the Court of Pleas & Quarter Sessions, (a Court of Record,) for said County State certify That John Hawkins Esq., whose proper signature appears to the foregoing, is a Justice of our said Court, duly commissioned and qualified according to law.
In testimony whereof, I have hereunto set my hand & affixed the Seal of our said Court at Office in the town of Asheville - day & date above written.
R. B. Vance Clerk

State of North Carolina Puncheon Co County } Know all men by these Presents that I John Pealand hereby constitute & appoint George B Ames my true and lawfull agent and attorney to prosecute my claim for a Pension as a Revolutionary Soldier under the act of the 7 th June 1832, which may be due me and I hereby authorize my said agent to examine all the papers and documents in relation to said claim on file in the Department at Washington City or elsewhere to file additional evidence or arguments and to receive the Certificate which may be issued for said claim payable to myself and to appoint one or more substitutes under him for the purposes therein expressed and to do all things that I might or could as well I personally present hereby ratifying and confirming all that my said attorney and agent shall lawfully do in this premises Witness my hand and seal this th January 29 th day AD 1852. Signed sealed & delivered in the presence of J. B. Sawyer JPD John Pealand
State of North Carolina Puncheon Co County } On this 29 day of January AD 1852, before the Subscribed a justice of the peace in & for the County & State aforesaid personally appeared before me John Pealand & acknowledged

The foregoing power of attorney to be his act and deed for the purposes therein contained In Testimony whereof I have hereunto subscribed my Name
J. B. Sawyer J. B. Sawyer
State of North Carolina Buncombe County
I, Robert B. Vance Clerk of the Court of Pleas & Quarter Sessions for said County & State do hereby certify that J. B. Sawyer before whom the foregoing papers were executed was at the time of the same an acting justice of the peace in and for said County and his name thereunto subscribed is genuine
In Testimony whereof I have hereunto subscribed my name and affixed my seal of said Office this 29 th day of January A.D. 1882
R. B. Vance Clerk of Buncombe County,

We the undersigned Citizens of Buncombe County North Carolina do hereby certify that we have been personally and intimately acquainted with John Purland for a great many years, and we take pleasure in saying that he has always sustained the character of a correct honest truthful man, and one who stands as fair in the community where he lives as any man in the County, and we do not hesitate to endorse any statement he makes much less swear to. we also certify that we have always understood and now believe he was in the service of the United States in the Revolutionary War, we know that he has always been regarded as a Revolutionary Soldier.
Chamorro
G. W. Landers
Sworn to and subscribed before me this 3 rd day April 1852.
J. B. Sawyer
State of North Carolina } I R. B. Vance Clerk of the Buncombe County } Court of pleas & quarter session for said County do hereby certify that J. B. Sawyer is and also at the time of signing the above certificate a Justice of the peace in and for said County duly authorized to administer oaths and the signature purporting to be his is genuine
In witness whereof I have hereunto set my name and affixed my seal of office this the 3 rd April 1852. R. B. Vance Clk.

Nov. 1852 April 21 st 1852
I certify that I am well acquainted with Charles Moore and J. M. Barker whose names are to the within paper. They are highly respectable gentlemen and entirely worthy of credit. I also know Mr. John Penland. He is regarded as a respectable and worthy man by those who know him. I should place full credit in his statements.
T. S. Brigham W. B.

State of North Carolina } this day Samuel Alexander son Burke County } came before me J. D. M c Ginnsey acting justice of the for the county and state afore said and made oath in due forme of law and say- eth that John Penland served three months with him the said Alexander as a privet soldier in the Revolution- ary war under the command of Col. Charles McDowell and Capt Joseph McDowell a tower to Wilmington North Carolina
Sworn to and subscribed this 22 nd day of March 1837
Samuel Alexander
J. D. M c Ginnsey Jp
I certify I am well acquainted with Samuel Alexander who made the foregoing Affidavit, that he is a credible person and his statement is entitled to credit.
J. D. M c Ginnsey Jp

Wurthboro June 20 th Burke County
I J. J. Ennis Clerk of the Court of Pleas and Quarter Sessions for the County of Burke certify that Joseph D r Gentry who attested the execution of the foregoing affidavit is an acting Justice of the peace for this County and that his signature is genuine. I further certify that Samuel Alexander is a citizen and resident of the County of most unquestionable integrity, and that his statement is entitled to credit.
In testimony whereof I have hereunto set my hand and affixed the seal of Office at Morganton this 27 day of July 1837
Sub J. J. Ennis Clerk

State of North Carolina Burke County
This day William Morris swore come before me John Allan Justice of the peace for said County and made oath and sayeth that John Penland served three months with him the said Morris as a privet Soldier in the Revolution war under the command of Col Charles McDowell & Capt Jonathan Pump in South Carolina Sworn to and subscribed this 16 th of March 1837
John Allan J.P.
his William x Morris mark
And I hereby certify That I am well acquainted with William Morris, who subscribed and swore to the foregoing Affidavit and that he is a man of good character and his certificate entitled to credit.
J. M. [unclear] J. P. Erwin

North Garden or Berks County
I J. J. Evers Clerk of the Court of Pleas and Quarter Sessions for the County aforesaid certify that John Allen before whom the annexed affidavit was sworn and subscribed the same is an odious part of the plea for this County and that his signature is genuine I further certify that J. J. Evers whose certificate is also annexed is a citizen resident of this County and that his statement is entitled to credit
In testimony whereof I have hereunto set my hand and seal of office this 27 day of July 1837 Sub J. J. Evers Clerk
Witness J. J. Evers

Hon. T. L. Clingman, Ans. Feb. 4. 1845

Feb 2 nd 1845
Sir
You will much oblige me if you can inform me what is the situation of the claims of of Peter Rodes, John Perland & Walter Lidsey persons in my district whose claims for pensions heretofore have been suspended.
Respectfully yours
H. Clifton
Col J. L. Edwards

Washington May 19. 1852 James E Heath Esq Sir
I transmit herewith the testimony of two Certificates who are known to Hon Mr Klingman as credible and intelligent in support of the Claim of John Penland which with the proof now on file will be sufficient to remove the objection to its allow- = ance
Very Respectfully Your obed Servt Geo L Ames

Washington Feby. 9. 1852
James E. Heath Esq. Sir
Enclosed you will please find Power of Attorney from John Penland an Applicant for a Pension under the act of 7 June 1832. from North Carolina
This Old Society asks a reexamination of the papers now on file in support of his Claim, believing as he does the evidence furnished sufficient to authorize its allowance
Very Respectfully Yours Ob't Servt Geo. L. James

James E Heath Esq
Comm. of Penins.

Feb 9 - 1852
Rev: Atty: in case of John Penland.
G. C. Ames Present
James E. Heath Esq
Commr of Pensions

34.157 N. Carolina
Act 7 June 1832
John Penland
Rejected, letter to Joshua Roberts
16 Aug 1837
let. T. L. Klingman, H. B.
Feb 4, 1845.
" " " Sept 30/50
Let to Duff Green &
Benj. C. Green
n Duff Green & Son 18 April 1850
" Gen B. M. Polk 6 th Aug t 1850
S. Godwin Oct 28/57.
G. C. Amer. May 26/62.

8093659
Aug 14, 18...
Pensylvania office
Aug 14 N.C.
Mr Syl
Washington City D.C.
Secretary of War
J. H. P. Smith
for

Asheville 5 th of August 1837.
Dear Sir. Enclosed you have the declaration of John Penland. Who wishes to obtain a Pension under the Act of Congress of June 1832. He had procured the Affidavits attached before he applied to me, and did not know it was necessary to have the certificate of Magistrates as to the credibility of the witnesses. I sent them back to Burke County by Mr Erwin to procure the certificate of the Magistrates and clerk. He obtained the certificate of one of the justices, but the other not being at hand, and residing some distance from town, he informed me it was inconvenient to obtain, and knowing the character of the witness, he has certified it himself. Should there be any doubt on that subject, you can procure the necessary information by showing the paper to the Honorable James Graham from this District who is well acquainted, both with the signature and character of Adolphus L. Erwin. Mr Penland had a previous declaration forwarded by J. D. Patton but has been unable to learn any thing about it.
Respectfully yours
J. N. Penland. Secretary of War
Joshua Roberts