Revolutionary War Pension and Bounty Land Warrant Application File S. 12664, Russel Curtis, N.C.

SERVICE
N. b. _____
burtis, Russel _____
NUMBER
S. 12664 _____
CONTENTS
carded

7657 Kentucky
Russell Curtis
Inscribed on the Roll of Kentucky at the rate of 45 Dollars — Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 11 day of May 1833 and Scott Wapman Groom Gading
Arrears to the 14th of March 90 — Semi-ann. allowance ending 14 Sept e 22 50
$112.50
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Daniel Boyd Clerk, Book 6 Vol. 7 Page 5

1754
Russell Courts
Ings 60 Key
Ref No 2 from 1779 private of Early Def. 1779 A P of Can. 60 - 25 - " " Def 6 - 20 A 45 -
IV. 1 Group Sub 1. 2. 5. 7. Picket Lt. Wayman bro Dec 1 1832
Coaches
Ings 60 Key
P 116.

1754
BRIEF in the case of  Rufus Curtis  of  Trigg Co  in the State of Ky  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 75 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 1779 11 Horseman Capt J. Crump. Col Wm. Pickett   From 1780 — 3 — Infy. pr. Blankett. Col D. Ledbetter   — — 3 — — " " " "   12.  
 5. In what battles was he engaged? Drowning Creek  6. Where did he reside when he entered the service? Montgomery 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  8. Are the papers defective as to form or authentication? and if so, in what respect? None 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Examining Clerk.

Commonwealth of Kentucky Trigg County. } ss.
On this 29 th day of August 1832, Personally appeared before the Trigg Circuit Court in and for said County of Trigg aforesaid Russell Curtis a Resident of said County of Trigg & State of Kentucky, aged Seventy five years , who being first Duly Sworn in Open Court, according to Law, doth on his Oath make the following Declaration, in order to obtain the Benefit of the provisions made By The act of Congress passed June 7 th 1832: That he the said Russell Curtis enlisted as a Volunteer in the army of the the United States in the year 1779 , Under James Cumpp Captain, Moses Curtis Lieut. in Montgomery County in the State of North Carolina for the Term six months under the orders of Col o  William Pickett , which Term he served faithfully, in the said County of Montgomery, & Anson County and the adjacent Counties around, against the Tories & Disaffected in those parts of the Country, his Discharge that that he obtained from the said Col o  William Pickett , was lost.
And that he also enlisted on the second day of June in the year 1780 , under Captain Buckner Cimboll & Sergeant Harris Lieut. & William Williams Ensign, in Col o  Dewey Ledbetter's Regiment, Commanded by General Rutherford , in this Regiment he served three months , the Discharge Got from this Regiment some time in September in the year 1780 . & Sold it to a Major Beard in Salisbury. He also served another three months Tour under the same Captain Buckner Cimboll & Col o  Ledbetter aforesaid & Col o  Harris , all in the same parts of the Country, was regarding prisoners at the time of Gates Defeat , on Lyntch's Creek in South Carolina. He was in a Skirmish with the Tories on Drowning Creek , in another Skirmish at the mouth Rocky River on pre-dec River .
A 6 154.

River in Montgomery County in North Carolina &c. - And that the six months Tour he served in the year 1779, he served in the horse service , he found his own horse, arms, ammunition, Cloathing &c. Through two of the Tours aforesaid, and one Tour in the foot service of three months , and that he served out all his enlistments faithfully.
And he hereby Relinquishes Every Claim whatever to a pension or annuity Except the present, and he Declares that his name is not on any pension Roll of any agency in any State. - Sworn to & Subscribed the day & year aforesaid. -
Russell his + Curtis mark
Personally appeared before the John Mabry Dugg Circuit Court on the 29 day of August 1832, and being first duly Sworn in open Court, sayeth that he hath been acquainted with the fore named Russell Curtis from about the year 1774, and that as he was Returning home from the service in South Carolina in 1783, he came through Montgomery County in North Carolina where said Curtis Resided, That he the said Mabry was in the Neighbourhood for several months where said Curtis Resided, and that he was informed that the said Curtis was a good whig and a good Soldier. - and he was almost Constant in the service for more than two years, for such was the Nature of the whig & Tory war in that part of the Country that no man was safe at home. - and it is the General Report of the Neighbourhood that the said Russell Curtis did serve as a Soldier during the revolutionary war, also appeared John Grasty who made oath that he is a neighbor to Russell Curtis and that he has known him for the term of about 20 years, that he believes he is of the age he represents, that he has

in the neighborhood been reputed & received as a soldier of the revolution, and that he concurs in the opinion,
Wm Mabry
John Grasty
I, Dudley Williams, a baptist clergy- man residing in the County of Griggs, and State of Ky, do hereby certify, that I am well acquainted with Russell Curtis, who has subscribed and sworn to the foregoing declaration, that I believe him to be 75 years of age, that he is reputed and believed in the neighborhood where he resides to have been a soldier of the revolution, and that I concur in that opinion. Sworn & subscribed this 29th Augt 1882 Dudley Williams
Russell Curtis Declaration
And the said Court do hereby declare their opinion, after investigating the matter, and after putting the interrog- atories prescribed by the War Department, that the above named applicant Russell Curtis was a revolutionary soldier and served as he states, and the Court further certifies that Dudley Williams who has signed the preceding certificate is a clergyman residing in the County of Griggs, and that John Mabry and John Grasty, who have signed the preceding certificate are residents of the County of Griggs are credible persons, & their state- ments are entitled to credit.
J. Shackelford

Commonwealth of Ky Frisz County Set
I William Cannon Clerk of the Circuit Court for the County aforesaid do Certify, that the foregoing, and annexed three pages contains the original pro- ceedings of the said Court in the matter of the application of Russel Curtis for a Pension.
In testimony whereof I have hereunto set my hand, and affixed my Seal of Office this 30th day of August 1832, and in the 41st year of the Commonwealth.
William Cannon Clerk.

Commonwealth of Kentucky, Trigg County Set
On this 21st day of Jan'y 1833 personally appeared before the County Court of Trigg County, State aforesaid Russell Curtis, aged Seventy Six years, who being first duly sworn according to law, doth on his oath make the following declaration as an amendment to a former declaration (attached hereto) in order to obtain the benefit of the provision made by the act of Congress passed June 7th 1832.
That he was born in the town of Fredericks- burg State of Virginia, on the 6th day of January 1757 as he was informed by his parents. That he has no record of his age. That when in the service in 1780 he was frequently near Col. Benjamin Seawell's regiment of Militia & was acquainted with Capt James Richards who was of that Regiment. That by reason of the loss of memory he cannot state the precise Period & length of time he served, as he was almost constantly out from 1780 to 1783 with small parties, but according to the best of his recollection he

Served not less than two years & for which he claims a pension That he is known to Elizab h Whitnall Alan Potts, Covington Dyer William Brick, Joseph Pounds, & Nathaniel Conduit of his neighborhood, who can testify as to his character for veracity & their belief of his services a soldier in the Revolution Sworn to & subscribed the day & year first above written his Russel h K. Curtis (mark)
And the said Court do hereby certify  ascertain after putting the inter- rogatories presented by the War Depart- ment, it to be their opinion that the above applicant was a revolutionary soldier & served as such Thos h M c Farland

Commonwealth of Ky, ss Inez County let it be known that William Cannon Clerk of the County Court for the County aforesaid do certify that the foregoing two pages contains the original proceedings of the said Court in the matter of the amended application of Russell Russell Curtis for a pension
In testimony whereof I have hereunto set my hand and affixed my seal of office this 21 st day of January 1833 and in the 41 st year of the Commonwealth, William Cannon, Clerk.

Rechar
12664 INVALID.
File No. 12664
Russell Curtis
Brn. Rev. War.
Act: June 7 th 1832
Index:—Vol. _____, Page _____
[Arrangement of 1870.]

Rapha hooks,

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Russell Carter 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? 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?
Traditional
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?
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? 1, 2, 5, 7 not answered.
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.

Stearns
Back's City 24 July
War Department Infantry Office Care of Lt. Eduardo Enga Washington City
Returned
187

Madison Prigg County Ky Jan'y 22 d 1833
Sir
I herewith return to you Mr Russell Curtis' application for a pension with the amendment annexed. his Certificate please Send to me
I am Respectfully
Yrs &c
Wayman Crow
J. L. Edwards Esq. Pension Office War Dept