Revolutionary War Pension and Bounty Land Warrant Application File S. 8638, Reuben Gurganus, N.C.

SERVICE
NUMBER
N.6.
Gurganus, Reuben
S. 8638
CONTENTS
cardinal

North Carolina 30.666
Reuben Gurganus
of Pitt Co. in the State of N. Carolina who was a Private in the company commanded by Captain Childs of the Reg't commanded by Gen. Paswell in the N. Carolina line for 12 months
Inscribed on the Roll of N. Carolina at the rate of 40 Dollars ————— Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 28 th day of May 1836 and sent to J. R. Hogle Pitt. Greenville, N. C.
  Arrears to the 4th of March '36  200.00    Semi-ant. allowance ending Sept. '36.  20.00     $220.00  
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by D. Brown Clerk. Book E Vol. 6 1/2 Page 56
Letter to 3 d Auditor 28 Nov 1838.
Paid at the Treasury under the Act of Mar 6. April 1838 From 4 March 1836 to 4 March 1838. Agt Notified 11. Decr 1838

State of North Carolina } Pitt County } ss
On the 9 th day of May 1833 personally appeared in open court before the Justices of the Court of Pleas & Quarter Sessions for the State and County aforesaid now sitting Reuben Garganey resident of Pitt County and State of North Carolina aged Seventy one 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 7 th June 1832.
That he entered the Service of the United States under the following named officers and served as herein stated. He was born in the County of Pitt and State aforesaid in the year of 1762, and that he has no record of his age, and was living in the County of Pitt when called into Service and have lived in said County ever since the Revolutionary war. He volunteered in the month of May 1778. in the tenth Regiment Commanded by Col. Hogan and was commanded by Capt. Childs and was marched to the North through Philadelphia to West Point where he remained Seven months, from West Point he was marched to Philadelphia where he staid but a short time, then he was put on board of a vessel and was landed at Suffolk in the State of Virginia from thence he was marched to Halifax North Carolina at which place he was discharged, the term of Service during that tour was nine months, That he volunteered again in the month of May 1780, in the militia Service under Capt. Samuel Dudley in the Regiment Commanded by Genl. Caswell and marched to Kingston where he remained two months from Kingston he was marched to Cross Creek and from Cross Creek to he was marched for Charleston South Carolina but before arriving there the town was taken and we were marched back to Cross Creek at which place we were discharged at which time I served six months, and that he was well acquainted with Capt. Reading Blount and Major Hogg & that he received a discharge from Capt. McNeath which discharge has since been lost.
Sworn to and subscribed the day and year aforesaid Reuben Garganey Mark Arch d Parker AG

The amended declaration of Reuben Murgarmin
Question the first. Where and in what year were you born?
Born in the County of Pitt in the year 1762, as he has been told
2 nd Have you any record of your age if so. where is it - I have none.
3 rd Where were you living when called into service; where have you lived since the Revolutionary war and where do you live now?
I was living in Pitt County when called into service and have lived in the same County ever since the war.
4 th How were you called into service. were you drafted. did you volunteer or were you a substitute and if a substitute for whom? I volunteered.
5 th State the names of some of the regular officers who were with the troops where you served. such continental & militia regiments as you can recollect & the general circumstances of your service. The regular officers under whom I served were. Genl Hogan, Col. Mebane, Major Hogg, Capt Francis Shields. The continental regiment was called the 10 th Regiment called Caswells Regiment.
6. Did you ever receive a discharge from the service. if so. by whom was it given and what has become of it.
I received two discharges from the service. one of which was given by Capt Mcneill which I sent by David Perkins to draw my wages and he never returned it. the other signed by Sam l Dudley & that I have lost.

Question 7th State the names of persons to whom you are known in your present neighbourhood, who can testify to your character or veracity, and their belief of your service as a Soldier of the Revolution.
I am known to Saml Hobbs Esq. Hugh Telfair Esq. Simon Kele Saml Taylor Genl Wm Clarke Henry Toole Esq. Luke Atkinson Esq. Churchill Perkins Esq. Wm Clemmons Esq. Edmund Andrews Esq. Thos E Chance. Reuben h Gurganus. Sworn to in open court.
Sub Ruler State of North Carolina Pitt County.
Court of Pleas & Quarter Sessions November Term 1835.
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 & served as he states.
Benjamin M. Selly chm.
I Archibald Parker Clerk of the Court of Pleas & Quarter Sessions do hereby certify that the foregoing contains the proceedings of said Court on the amended declaration of Reuben Gurganus.
In Testimony whereof I have hereunto set my hand and seal this 7th day of May 1836.
Archd Parker

No 25573 Reubin Gurganus Pitt County North Carolina
Rel
Out to R.R. Co.
Ja. R. Hoyle Esq. Post Master Greenville N.C.
Rev. Parke (Greenville) N. Carolina

WAR DEPARTMENT,
Pension Office,
24 Aug - 1832
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 subjoined 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 Reubin Gurganus Pitt County North Carolina
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Vol May 1778 - 9 - private Col Hogan, Cap Childs 71 years Traditionary evidence - paper   Vol May 1780 - 6 - " Cap Dudley, General Caswell, Pitt County N. Carolina Correct -   Wallace 3 20  
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 days 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 the 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 [i] 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.

Reopen
8638 INVALID.
File No. 8638
Reuben Garganus Priv Riv War
Act: June 7 th  1837
Index:—Vol. 1 st , Page 154
[Arrangement of 1870.]

We William Clark Clergyman residing in the county of Pitt and state aforesaid and James Taylor in the same, hereby Certify that we are well acquainted with Reuben Gurganus who has subscribed and sworn to the above declaration; that we believe him to be seventy one years of age; that he is respected and beloved in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion Sworn to and subscribed the day 18 William Clark and year aforesaid Archd Parker CLK James his Taylor mark
And the Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogations prescribed by War Department, that the above named applic- -ant was a Revolutionary Soldier, and served as he states.
And the Court further certify that it appears to them that William Clark who has signed the preceding Certificate is a Clergyman, resident in the County and State aforesaid and that James Taylor who has also signed the same is a resident in the County and State aforesaid and is a credible person and that their statement is entitled to credit in Session
Good Hope Committee James
I Archibald Parker Clerk of the Court of Pleas and Quarter Sessions do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Reuben Gurganus for a pension
In testimony whereof, I have hereunto set my hand and Seal of office this 9 th day May 1833
Archd Parker CLK

State of North Carolina
Pitt County
Simon Rule maketh oath that he knows that Reuben Gurganus served in the Militia Service in the revolutionary war and that he received said Gurganus at Crops Creek in Cumberland County N.C. and that Samuel Ayers was Capt. and William Cassara was the Lieut. of the Regiment
Sworn to before me in open Court Nov. 5th 1835
John H. Bland mark
Archd Parker clk
The said Reuben Gurganus hereby relinquishes every claim whatsoever to a pension or annuity except the present, and he declares that his name is not on the Pension roll or agency in any State.
Sworn to before me and Subscribed this 5th day November 1835
his Reuben X Gurganus mark
Reuben Gurganus 23.5.3
Reuben Gurganus maketh oath that he has no other person except Simon Rule by whom he can prove his services and his own oath except an old man who lives at a distance from him.
Sworn to and Subscribed in open Court before me the 5th day November 1835
his Reuben X Gurganus mark
Archd Parker clk

State of north Carolina Brubert County whereas Jeremiah Leggett came before me one of the Justes of the peace and maketh oath that he was In the army of United States with Rubin Gerganiens.. at the Court House at Gelfort and was under the Command of John Remedy of Martin County and under Cl-kell as his field officers and under General Green January the 23 1836
Thomas Latham S.D. Jeremiah Leggett
State of North Carolina, William Beaufort County } Eliza Ann Clark of the court of Pleas & Quarter Sessions for said County do hereby certify that Thomas Latham whose name is subscribed above, is an acting Magistrate for said County & that due faith be credit may be given to his official acts. Given under my hand & seal of office, this 24 th March. 1836
Wm Ellson Elk

Reuben Grogan NO
Adm't in private 12 mo. $40 per a m. H. Nat. trop. del. Hogar, last field,
for R. H. G. Esq. P. M. Greenfield N.C.

State of North Carolina
Secretary of State's Office
I William Hill Secretary of State in and for the State aforesaid, do certify that it appears from the musterrolls of the continental line of this state in the revolutionary war, that Reuben Gurn gains a private in Capt. Childs company of the 10th Regiment entered the service the 20th July 1778 for the term of nine months nothing more is said of him.
Given under my hand this 17th May 1836
W. Hill

Treasury Department,
Second Comptroller's Office,
(December 5 th , 1838.
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Reuben Gurganus, ————— a Pensioner on the Roll of the Fayetteville, N.C. Agency, at the rate of Forty — Dollars and ————— Cents per annum, under the law of the 7 th June, 1832, has been paid at this Department, from the 4 th of March 1836. to the 4 th March 1838.
Respectfully, yours,
William B. Parrish
Comptroller.
To the Commissioner of Pensions, Present.