Revolutionary War Pension and Bounty Land Warrant Application File S. 6,939, James Gunston, N.C.

SERVICE
NUMBER
N.C.
Gunton James
S 6939
carded
CONTENTS

North Carolina B. 4024
James Ginston
of Sedalia in the State of N. Carolina
who was a Prv. — in the — commanded
by Captain — of the Regt. commanded
by Col. Brevard in the N. C.
line for 9 months —
Inscribed on the Roll of N. Carolina
at the rate of 30 — Dollars — Cents per annum,
to commence on the 4th day of March, 1831.
Certificate of Pension issued the 9 th day of Augt. 33
and sent J. Campbell
Statesville — N. C.
Arrears to the 4th of March 1833 60
Trans. allowance ending 4 Sept. — 15
$75. —
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Nathl. Rice — Clerk,
Book E Vol. 6 Page 41

State of North Carolina } August Session A.D. Iredell County } 1832. On this 25 th
day of August, 1832. personally appeared in open Court, before a Court of Pleas and Quarter Session of said County now sitting James Gunton an Resident of Iredell County and State of North Carolina Aged 71 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 Congress passed Jan. 7. 1832. That he entered the service of the United States under the following named officers and served as hereinafter stated
That he was drafted in Iredell County North Carolina to serve five months and joined the troops at Salisbury where he was placed under Capt Henry Smith, Col. Brevard, and Col. Ashley. Marched thence to Georgetown on Savannah River and continued in the service in that place until the expiration of his five months when he returned home. Afterwards he volunteered under Capt W m Harden, Col. Joseph Williams and performed that tour of duty in the western country - receiving the line between North Carolina and Virginia and various other services for four months. He next enlisted for eighteen months and joined the Army at Manly Hill under Gen. Greene. He served at this time under Capt Brevard and continued with the Army except when sick for about twelve months. He was part of the time guarding the assembly of South Carolina, He verily believes that he was more than two years in the service of the country. He has no discharges or other documentary evidence and that he knows of no person whose testimony he can procure

who can testify to his services.
He was born in Mecklenburg County, Virginia in the year 1761. He has no record of his age - He was living in Surry County N.C. at the time he entered the Service and since the war has lived in Surry County, Roan County and Fredrick County in which last County he has lived there about 8 years. He was called into Service and fired under the officers set forth in the foregoing statement. He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any state.
Sworn subscribed the _____ day and year above written { James his Gunton mark
O. K. Simonton C.C.R.

95-49 James Gunton Declaration for a pension
No 13
James Gunton

I Absalom Simonton Clerk of the Court of Pleas and Quarter Sessions of Penderell County North Carolina. Do hereby Certify that the foregoing Contains the original proceedings of the said Court in the matter of the application of Sarah Dunston for a pension
In testimony whereof I have hereunto set my hand and Seal of Office this 25 th day of August, 1832.
A Simonton Clerk

We Daniel Lewis and Elam Lovelace Residing in the County of Indee and State of North Carolina Hereby Certify that we are well acquainted with James Greenlow Who has subscribed and sworn to the above declaration that we believe him to be 78 Years of age that he is Reputed and believed in the neighbourhood where he resides to have bin a Soldier during the Revolution And that we concur in that opinion
Daniel Lewis Elam Lovelace
And the Said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories presented 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 Daniel Lewis and Elam Lovelace
Who signed the preceding Certificate Reside in the County of Indee and State of North Carolina and is Credable persons and that their Statement is entitled to credit.
Humphrey Ch.

Admrs for 9 mo Mileha Service - the Service wide No Interest on Bal Jan 22 2 —

State of North Carolina
I, Abraham Simonton Clerk of the court of pleas and quarter sessions of this county do hereby certify that former enrolled before whom the foregoing certificate affidavit was made is an acting justice of the peace in and for said county and the signature thereto is genuine
In testimony whereof I have hereunto set my hand and affixed the seal of my office this 21 st day of May 1833
A Simonton Clerk

State of North Carolina Iredell County James Graston
This day personally appeared before me the subscribing justice of the peace in and for the County aforesaid and being sworn in due form of law doth upon his oath make the following additional declaration in order to obtain the benefit of the provisions made by the act Congress passed the 7 th day of June 1832
He 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 to the best of his recollection he served not less than the period mentioned below and in the following words
That his first service he was drafted for 5 months in the year 1777 as such as he can remember into the Militia in the foot under Capt H Smith in the Regiment commanded by Col Prevoise.
That he entered the service at Salisbury and was marched to Purybury upon the Savannah River and marched thence to the white house, two bitter turning his black swamp where he met with the Army under Gen Lincoln and continued his service was _____ 5 months
His second tour was in 1778. He believes, he entered as a volunteer in the foot under Capt Harding in the Regiment commanded by Col John Williams

and was engaged in serving the time between Virginia and North Carolina, and his service was 4 months.
He entered in the year 1780 in the foot in the Regular Service under Capt. Brevard in Col. John Armstrong Regiment and continued to serve for at least — 12 months making altogether — 24 months and for such service I claim a pension
He was born in Mecklenburg County Virginia in the year 1760 or 1761.
He has no record of his age.
He was living in Surry County N.C. at the time he was called into service and continued to live there a few years ago when he removed first to Rowan then to Indee where he now lives.
He has stated how he entered the service
He has stated some of the Regular officers
He had a discharge and sold it to William Isaiah Lewis he never had any other. It was signed by John McCann.
He has stated the names of Daniel Lewis and Dan Lovelace and knows of no others by which he can prove who can prove his service.
Sworn subscribed before me on this 21 st day of 1833
Y. A. Campbell
James G. Gant notary

James Gunton N. E. N. 9549-
Per
Samuel Powell -
9 mo. $31-
Raleigh
d. e. j. l. m.
Colson & Duff & Co.
200 N. W. 10th St.
Stamper Nashville, Tn.

WAR DEPARTMENT,
Pension Office, June 22? April 25 1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of James Grunston
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     drafted 5 Pri. Capt. H. Smith Col. Breward 7 years   vol. 4 " Capt. Wm. Harden Genl. Ashbey Surry Co   enlisted about 12 " Col. Jos. Williams N. C. Traditionary   Genl. Green  
verily believe was more than two years in the service
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers..  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ 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 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I, _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____, who has hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ 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 we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
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 A. B. who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. 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.
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons --one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, 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. 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 that 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.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he 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.
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 papers 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.
Proof of Service.
[j] 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 claimant's 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.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
As the applicant's name is not found upon the Master's list, he will be required to prove his service.

Reorder ✓
6939 INVALID.
File No. 6939
James Dunston Pro Rev War
Act: June 7 th 1832
Index:—Vol. 156 , Page 154
[Arrangement of 1870.]

100-122-00020 State of North Carolina
Secretary of State's Office
I William Hill Secretary of State in and for the State aforesaid, do certify, that I have carefully searched the several documents in this of- fice affording evidence of military service in the revolutionary war, for the name of James Gunston and have not been able to find it. I find on the musterrolls the name of James Gotson a private in Lt. Col. Company of the 10 th Regiment enlisted on the 20 th July 1778 for 9 months, which I should have supposed was intended for James Gun- ston , but for his stating he enlisted for 18 months. It does not appear that James Gotson was discharged or what became of him
Given under my hand this 3 rd day of August 1833
W. Hill