Revolutionary War Pension and Bounty Land Warrant Application File R. 3421, Ebenezer Fain, Ga. N.C. Va.
Page 1

(8-1776)
Service
Ga.
N.C.
Va.

Contents
Born in Pa-

Fain, Ebenezer
Mary
Number
R. 3421
Page 2

Georgia 30.G83
Ebenezer Fain of Habersham in the State of Georgia who was a Private in the Company comm... [page cuts off] by Captain Montgomery of the Rgt comm... [page cuts off] by Col Christian in the V.a 

Inscribed on the Roll of Georgia at the rate of 40 Dollars --- Cents per ann... [page cuts off] to commence on the 4th day of March 1831.

Certificate of Pension issued the 7th day of Feb... [page cuts off] 1837 and Leut Hon [page cuts off] F. Cleveland Ho of Re... [page cuts off]

Arrears to the 4th of Sept 1836 $220.00
Semi-anl. allowance ending 4 Mar $20.00
$240.00

Revolutionary Claim
Act June 7, 1832

Recorded by D D Addison
Book 6 Vol. 6 Page 90
Page 3

Paid at the Treasury under
the act of the 6th April 1838
from 4 Sept 1837 to  4 March
1838. Agt Notified 13 Dec 1838
Let to Hon. W. A. Graham July 28, '41
Page 4

Declaration of Ebenezer Fain
to obtain the benefit of the act of Congress
of the seventh of June 1832.-
State of Georgia
Habersham County ⎬ On this Eleventh day of March Eighteen hundred and thirty Six personally 
and in open Court before the Honorable
the Inferior Court of said County now
sitting of for said  [illegible]  to Ebenezer Fain 
of the  [illegible] of Seventy Three [illegible] six may this now  [illegible]  of said county and according
to Law [illegible] on his oath make the following declaration in order to obtain the benefit
of the Act of Congress passed on
the Seventh day of June 1832. That he
entered the service of the United States under the
following named officers and served
as herein stated: that he first intime
the service of the United States under Capt.
James Montgomery in Washington County in
the State of Virginia in June one thousand
Seven hundred and Seventy Six as a militia
man for the sum of
three months under the
command of Col William Christian
when he was about fourteen years of
age,
that he served during the said three
names at place called Black Fort and
Montgomery Station. During that time
he was engaged in two battles with the
Indians in one of which sixteen Indians
were killed. Col Christain from Virginia
marched a considerable force into the [illegible] country while this applicant was engaged
in this service. He was discharged by Capt.
Montgomery & received pay two or three years afterward Abington in Virginia.
Page 5

He entered a hard tour of duty under
Capt. William Trimble & Gen Charles Robertson as a [illegible] militia 
Light horseman in Washington County
North Carolina now Tennessee the first June
one thousand seven hundred and eighty
(1780). He marched to & remained at Gilbert
Town a week or two and then joined Col
Charles M. Dowelly Regiment. Col Isaac Shelby
and Col Elijah Clark from Georgia were
also there. He was marched with said
troops to Edw Hampton on Pacolet River
in South Carolina where a skirmish took
place with the British. The Americans lost
two men killed and took several prisoners
among whom was a British Capt. Patterson.
The detachment marched them to Broad
River near the month of Buffalo Creek, where
while a sentry I shot a [illegible] by the name of
John Foulis and found an express from
Lord Cornwall to a tory Capt. Moore urging
him to defend his fort and promising to
reinforce him. We made a forced march
to said Fort at a place called Thicketty
in South Carolina and Capt Moore
up the fort and surrending himself and
about one hundred men as prisoners of
War. We then set out to meet the
[illegible] reinforcement from the British Army
and met them at a place called [illegible]
groves Mills: Had an engagement with
them & drove them back with considerable
loss to them. They took shelter in the mill
Barn & Dwelling House where we left them.
We marched & thence to Lawsons Fork near  Woffords Iron works where we had an engagement with the British commanded by Major
Page 6

Dunlap, we were suddenly charged by the British in the night and after a short but severe struggle
in which a number were severely wounded
by the Broadsword among was Col Elijah Clark
of Georgia were compelled to give way. The
Americans after retreating a short distance
again rallied & renewed the fight. The enemy
was finally defeated.  Their commander
Maj. Dunlap was wounded and taken
prisoner. After this, this declarant was
placed under the command of Capt.
Cunningham and attached to Col. Clark
Regiment. Col Clark marched for
Georgia but hearing that Augusta &
nearly all Georgia was in the hands of
the British & toris was marched back to
Rutledges Ford on Saluda River. Col
Clark having heard that Maj Ferguson
with a strong detachment of British & Toris were marching up toward the
mountains sent this Declarant with an
express to Cols. Sevier & Shelby in Washington
County North Carolina now Tennessee & this
Declarant returned from them with ans
to Col Clark and his term of service these
months having expired he returned home. 

In a very short time after this Declarant
arrived at home at the solicitation of Col
[illegible] he entered the service again as the
substitute of one Jacob Vance who was
drafted & refused to Serve. The Legislation
of North Carolina had passed an act
that under such circumstances the Drafted
man should pay the Substitute
Sixty
Dollars which the said Vance paid this
Declarant after his return.
Page 7

This Declarant states that he served at this
time three months
was mustered into service
about the fifteenth of September of [illegible] year in Washington
County North Carolina now Tennessee under Capt
Christopher Taylor, John Sevier Colonel.

In this tour he served as a mounted man
and marched thence to the Cowpens in South Carolina when we met Col Campbell of Virginia
Col Shelby Col Cleaveland and Col Williams,
from there we marched in pursuit of Maj
Ferguson and overtook him at Kings [illegible]
This Declarant was engaged in that
battle & received a wound in the leg. This
Declarant, accompanied the greater part of
the army to Rutherford County North Carolina
& from thence to Morganton as it is now
called in Burke County North Carolina &
was in a short time thereafter discharged.

This Declarant returned on a fourth tour
of Duty immediately after the close of the
last, under Capt Gibson in said County
of Washington North Carolina under Col Sevier
and as a volunteer light Horseman & March
to a place called the Big Island on French
Broad River in the Cherokee nation near
which an engagement with the Indian took
place. They were defeated with a loss of fifteen
or twenty killed. A few days afterwards
we were joined by Col Arthur Campbell
of Virginia & from thence we marched
to Old Chota Twon [sic] where we had a small
Skirmish and killed one Indian on the
twenty fourth of December of the same
year. The next day Maj Jesse Walton with
a part of the forces the declarant
among them marched upon a town
Page 8

called Litaco, Killed several Indians and took
fifteen or twenty prisoners mostly women and
children & returned to Headquarters at Chota. 

We then Marched to Tellico Towns and were
engaged in a skirmish. The Indians fled across
the river and were pursued. We lost a
Capt. Elliot killed. We then marched to
Big Highwassee took some prisoners &
returned to Tellico. We then returned Home &
this declarant was discharged at Jonesboro
now [illegible] in the last of February or first
of March Seventeen hundred and Eighty one
having served upwards of two months.
 
This Declarant was again called into 
service & served as a Light Horseman in a
Company of Rangers under Capt. Christopher
Cunningham & under Cols. Sevier and
Carter for the purpose of watching the
Indians [illegible] and guarding the frontier
that he was constantly marching & ranging
through the Country principally
through the Indian Country and
the frontiers of Washington County North Carolina now Tennessee. There he was
in one skirmish with Indians: he with
same thirteen or fourteen other were attacked in a House. They defended themselves
from early in the morning till about midday and were relieved by Col. Sevier.

The Indians had several killed.
This Declarant entered this tour of Service
on the first of April seventeen hundred
and Eighty one and served six months
having been discharged in the October
following. He received he thinks ten
dollars per
month for this service.
Page 9

This Declarant states that he was actively
engaged in the service of the United States
during the Revolutionary War as herein before
stated fifteen months and about one
half. This declarant states that he was born in 
Chester County Pennsylvania on the
twenty seventh day of August Seventeen hundred & Sixty two and that the only [illegible] of his age which he has is in his family Bible which he has at Home.

He also states that he resided in Washington County Virginia at the time he
first entered into service -- removed to Washington County North Carolina now Tennessee in the year seventeen hundred & Seventy eight & continued to reside there untill the year
1783 and then removed to the District of Chessix in South Carolina and to that part of
Now called Pickens District where he
resided until the year 1792 & then removed
to Buncombe County County North Carolina
where he resided until the year 1818 &
then removed into that part of the State of
Georgia now called Habersham County
where he has resided ever since & where he
still resides. This declarant States that he
always volunteered his services when he entered upon his various tours of duty and once as the substitute of one Jacob Vance as
before stated.
This Declarant States that he [illegible]
no continental or Regular officers among the troops with which he served as this declarant believes and the militia Regiments have been specified in the foregoing part of this declaration as well as the circumstances of his services
Page 10

This Declarant states that he never received
any written discharge from any of his
several tours of service. This Declarant
States that he is known in his district
neighborhood by the Reverend Jesse Richardson &
the Rev Francis Bird Clergymen of the
Methodist Church and by Thomas Hughes
Esqr who can & have testified to his character for veracity and their belief of his
services as a soldier of the Revolution &
that he does not produce them in Court because the Rev. Francis Bird has very lately removed to a considerable distance and the Rev. Jesse Richardson is unable to attend on account of old age & sickness. He is also acquainted with Samuel A. Wales and John Stanley
who can testify as to his character for veracity & their belief of his services as a soldier of the Revolution.
This Declarant states that there is now
no person living within his knowledge by
whom he can state in detail his personal
knowledge of his services and whose testimony can be conveniently obtained.
This Declarant further states that he
made a declaration substantially the same
as the above about two years ago & that
they were sent back by the War Department on account of same formal defect
to Thomas J Rusk Esqr. for amendment
that it was amended but that the said
Thomas J. Rusk as this declarant is advised & believes never returned the same again
to the Department -- that the said Thomas
Rusk has gone to Texas and after the
most Diligent search among his papers
Page 11

and else when the same can not be found
and therefore he makes this second Declaration for the purposes before stated.
This Declarant thereby relinquishes any
claim 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
Sworn to & subscribed in
open Court the day and
year aforesaid.
Ebenezer Fain
Chas B. Ward, C. J. C.
Wm Samuel A. Wales
residing in the County of Habersham and  John Starritt of the same place do humbly certify that we well acquainted with
Ebenezer Fain who has subscribed &
sworn to the above Declaration that we
believe him to be Seventy three years of
age: that he is reputed & believed in the
neighborhood where he resides to have been a soldier of the Revolution & that we concur in that opinion.
Sworn to & subscribed in open
Court the day & year aforesaid
Saml A. Wales
Chas B. Ward C. J. C. 
John Starritt 
And the said Court do hereby declare the
Opinions after the investigation of the matter
and after putting the interrogatories prescribed
Page 12

Service                          Number
GA. Fain, Ebenezer       R. 3421
N.C. Mary
VA.
Contents
Born In PA.
Page 13

State of Georgia S.S.
County of Union Be it known that before me Eward Rogers a Justice of the Peace in and for said County personally appeared John Fain aged 53 years a resident of the County of Gilmer in the State of Georgia who being duly cautioned and then sworn in due form of law. States that he is the son and one of the legal heirs of Ebenezer Fain who was a Revolutionary pensioner and that he drew a pension whilst he lived in the state of Georgia and that he died on the 29th day of December AD 1842 and that his mother named Mary Fain died on the 12th day of February AD 1846 and that they were married on the day of {blank} AD and that they were residents of Habershaw County in the state of Georgia and that they resided these fifteen years or more and that he resides in the County of Gilmer in the State of Georgia, and that further more he y these presents constitutes appoints and fully empowers and authorizes with power of substitution H. C. Spalding of Washington city in the District of Columbia as his true and lawful attorney for him and in his name and {stead?} to examine into to prosecute to demand and to receive of and from the proper office =ers of the United States Government his rights in all and in any manner of claim for increase or arrears of pension or land that may be due him as the son and heir of Ebenezer Fain who died leaving the same undrawn as in right of law he may be entitled. Hereby revoking all other powers of attorney heretofore made
Page 14

to any and to all other persons or person whosoever except my said attorney H.C. Spalding.
In witness where of he has hereunto on this 19th day of December AD1852.
Signed his name and affixed his seal
W.C Fain                                      John Fain
J.B. Fain
Signed sealed acknowledged and servants before me. And further certify that John Fain has always by the community been known as the son and heir of Ebenezer Fain dated this 19th day December AD 1852.
Ed Rogers Peace
State of Georgia
County of Union
I John S. Fain ordinary in and said county do hereby certify that Edward Rogers Esq before whom the fore going power of attorney acknowledgement and affidavit was made is and was at the time of signing the same on acting Justice of the Peace in and for said county duly commissioned and sworn and that his signature thereto is genuine. Given under my hand and seal of office at Blairsville, Union County Georgia this the 19th day of December A.D. 1852.
John S. Fain ordinary
Union County Georgia
Page 15

1
Rev.
Sarah
Revel
The plague of Jerusalem's enemies.
7 But if it shall be one which shall be know 
to the LORD, not day nor night: but it shall come to pass, that at evening-time it shall be light.
8 And it shall be in that day, that living waters
shall go out from Jerusalem; half of them toward the former sea, and half of them toward the hinder fea: in summer and in winter shall it be.
9 And the Lord shall be King over all the earth:
that day shall there be one LORD, and his name one.
10 All the land in
Geba to Rimmon south of Jerusalem: and it shall
be lifted up, and I inhabited in her place, from Benjamin
's gate unto the place of the first gate, unto the
corner-gate, and from the tower of Hananeel unto the king's wine-prefles.
11 And men shall dwell in it, and there shall be no
more utter destruction; but Jerusalem I shall be safely
inhabited.
12 And this shall be the plague wherewith the
LORD will smite all the people that have fought
against Jerusalem; Their flesh shall consume away
while they stand upon their feet, and their eyes shall
consume away in their holes, and their tongue shall
consume away in their mouth.
13 And it shall come to pass in that day, that a
great tumult from the Lord shall be among them;
and they shall lay hold every one on the hand of his
neighbor, and his hand shall rise up against the hand
of his neighbor.
Page 16

[torn] reproved. 
MALACHI.
The people warned to repent.

CHAP. II.
[torn] priests; reproved for profaning the covenant which was [torn]ven them; 10 the people for their strange wives, 13 and [torn] eachery to their former wives, 17 and for impiety
And now, O ye priests, this commandment is for you.
2 If ye will not hear, and if ye will not lay it to heart, to give glory unto my name, saith the Lord of hosts, I will even send a curse upon you, and I will curse your blessings: yea, I have cursed them already, because ye do not lay it to heart.
3 Behold, I will corrupt your seed, and spread dung upon your faces, even the dung of your solemn feasts; and one shall take you away with it.
4 And ye shall know that I have sent this commandment unto you, that my covenant might be with Levi, saith the Lord of hosts.
5 My covenant was with him of life and peace; and I gave them to him for the fear wherewith he feared me, and was afraid before my name.
6 The law of truth was in his mouth, and iniquity was not found in his lips: he walked with me in peace and equity, and did turn many away from iniquity.
7 For the priest's lips should keep knowledge, and they should seek the law at his mouth: for he is the messenger of the Lord of hosts.
8 But ye are departed out of the way; ye have caused many to stumble at the law; ye have corrupted the covenant of Levi, saith the Lord of hosts.
9 Therefore have I also made you contemptible and base before all the people, according as ye have not kept my ways, but have been partial in the law.
10 Have we not all one father? hath not one God created us? why do we deal treacherously every man against his brother, by profaning the covenant of our fathers?
11 Judah hath dealt treacherously, and an abomination is committed in Israel and in Jerusalem; for Judah hath profaned the holiness of the Lord which he loved, and hath married the daughter of a strange god.
12 The Lord will cut off the man that doeth this, the master and the scholar, out of the tabernacles of Jacob, and him that offereth an offering unto the Lord of hosts.
13 And this have ye done again, covering the altar of the Lord with tears, with weeping, and with crying out, insomuch that he regardeth not the offering any more, or receiveth it with good will at your hand.
14 Yet ye say, Wherefore? Because the Lord hath been witness between thee and the wife of thy youth, against whom thou hast dealt treacherously: yet is she thy companion, and the wife of thy covenant.
15 And did not he make one? Yet had he the residue of the spirit. And wherefore one? That he might seek a godly seed. Therefore take heed to your spirit, and let none deal treacherously against the wife of his youth.
16 For the Lord, the God of Israel, saith that he hateth putting away: for one covereth violence with his garment, saith the Lord of hosts: therefore take heed to your spirit, that ye deal not treacherously.
17 Ye have wearied the Lord with your words. Yet ye say, Wherein have we wearied him? When ye say, Every one that doeth evil is good in the sight of the Lord, and he delighteth in them; or, Where is the God of judgment?

CHAP. III. 
1 The forerunner, and coming of the Messiah to cleanse his church, and judge the wicked. 7 The people warned to repent: 8 their sacrilege: 13 their impious blasphemy, &c.

Behold, I will send my messenger, and he shall prepare the way before me: and the Lord, whom ye seek, shall suddenly come to his temple, even the messenger of the covenant, whom ye delight in: behold, he shall come, saith the Lord of hosts.
2 But who may abide the day of his coming? and who shall stand when he appeareth? for he is like a refiner's fire, and like fullers' soap:
3 And he shall sit as a refiner and purifier of silver: and he shall purify the sons of Levi, and purge them as gold and silver, that they may offer unto the Lord an offering in righteousness.
4 Then shall the offering of Judah and Jerusalem be pleasant unto the Lord, as in the days of old, and as in former years.
5 And I will come near to you to judgment; and I will be a swift witness against the sorcerers, and against the adulterers, and against false swearers, and against those that oppress the hireling in his wages, the widow, and the fatherless, and that turn aside the stranger from his right, and fear not me, saith the Lord of hosts.
6 For I am the Lord, I change not; therefore ye sons of Jacob are not consumed.
7 Even from the days of your fathers ye are gone away from mine ordinances, and have not kept them. Return unto me, and I will return unto you, saith the Lord of hosts. But ye said, Wherein shall we return?
8 Will a man rob God? Yet ye have robbed me. But ye say, Wherein have we robbed thee? In tithes and offerings.
9 Ye are cursed with a curse: for ye have robbed me, even this whole nation.
10 Bring ye all the tithes into the storehouse, that there may be meat in mine house, and prove me now herewith, saith the Lord of hosts, if I will not open you the windows of heaven, and pour you out a blessing, that there shall not be room enough to receive it.
11 And I will rebuke the devourer for your sakes, and he shall not destroy the fruits of your ground; neither shall your vine cast her fruit before the time in the field, saith the Lord of hosts.
12 And all nations shall call you blessed: for ye shall be a delightsome land, saith the Lord of hosts.
13 Your words have been stout against me, saith the Lord. Yet ye say, What have we spoken so much against thee?
14 Ye have said, It is vain to serve God: and what profit is it that we have kept his ordinance, and that we have walked mournfully before the Lord of hosts?
15 And now we call the proud happy; yea, they that work wickedness are set up; yea, they that tempt God are even delivered.
16 Then
Page 17

Blessings to those that fear God. 
CHAP. IV.
The study of [torn]
16 Then they that feared the Lord spake often one to another: and the Lord hearkened, and heard it, and a book of remembrance was written before him for them that feared the Lord, and that thought upon his name.
17 And they shall be mine, saith the Lord of hosts, in that day when I make up my jewels; and I will spare them, as a man spareth his own son that serveth him.
18 Then shall ye return, and discern between the righteous and the wicked, between him that serveth God and him that serveth him not.
CHAP. IV.
1 God's judgment on the wicked, 2 and his blessing on the good. He exhorteth to the study of the law, 5 and telleth of Elijah's coming and office.
For, behold, the day cometh, that shall burn as an oven; and all the proud, yea, and all that do wickedly, shall be stubble: and the day that cometh shall burn them up, saith the Lord of hosts, that it shall leave them neither root nor branch.
2 But unto you that fear my name shall the Sun of righteousness arise with healing in his wings; and ye shall go forth, and grow up as calves of the stall.
3 And ye shall tread down the wicked; for they shall be ashes under the soles of your feet in the day that I shall do this, saith the Lord of hosts.
4 Remember ye the law of Moses my servant, which I commanded unto him in Horeb for all Israel, with the statutes and judgments.
5 Behold, I will send you Elijah the prophet before the coming of the great and dreadful day of the Lord:
6 And he shall turn the heart of the fathers to the children, and the heart of the children to their fathers, lest I come and smite the earth with a curse.

The End of the Old Testament

[in handwriting]
Ebinezer Fain was born in the 5th of June [illegible] or 7 fingers - 1762 
Mary his wife was born in the State of North Carolina [illegible] 1761
David of ours was born in [illegible] county in N.C. was [illegible] on fingers [illegible]
Margrit was born in South Carolina in [illegible] County [illegible] 6 1786
Marie Fain in S.C. Feb 2 1789
Elizabeth was in S. C. [illegible] 1790
Margrese was born in Buncombe North Carolina January 6 1794
Sally So. Ca. May 30 1796
John So. Ca. December 14 1798
Nelina So Ca.  December 10 [page is torn]
Page 18

Robert Hamilton was born [illegible] 177[illegible]
Lydia Hamilton was born April [illegible] 9th - 1776
John Hamilton was born March [illegible] 22nd - 1793
Robert Hamilton Junior was born [illegible] 27th of Nov - 1797
Loveday Hamilton was born Feb [illegible] 19th 1800
Cynthia Hamilton was born the 5th day of May 1808
Anne Hamilton was born on the 20th day May 1804

Sam Fain was born July 11th 185
Sam Fain 
Polyann was born [illegible]
April 1804
_________ 

State of Georgia
Gilmer County
I Benj Chastain Justice of the Peace - do here certify that all of the  above record in the hand writing of Ebenezer Fain of his own family have  been examined by me and as far as I can make out the figures I believe they are intered [sic] to be correct - that the names are correct in witness whereof I have hereunto set my hand and seal this 20th day of June 1846
Benj Chastain JP [Seal]
Page 19

State of Georgia
Gilmer County
Be it remembered that on this 19th day of June 1846 before mr Ben Charlain J  Pessi in [illegible] county pension off appeared John Fain of said county who is well known to me a creditable witness aged 47 years who being first duty sworn accordingly to law [illegible] on his oath make the following declaration in order to obtain the benefit of the act of July 7th 1838 and all acts since for the benefit of Widows and heirs of officers and soldiers of the Revolution- that he is the son of Ebenezar + Polly Fain (deceased), that his Father the said Ebenezar Fain was a pensioner of the United States till the day of his death which took place on the 29th day of – December 1842 (at the rate of forty odd dollars) per annum) paid off at the age of at Sevannah Georgia that his father the said Ebenezar died on the 29th day of December 1842 and left a widow Mary (Polly) Fain who remained his widow till the 11th day of February 1846 when she died on Gilmer County Geo,, that she had never applied for pension after the death of her husband the said Ebenezar as aforesaid, that she continued to live on the Plantation and  much of the time at the residence of this [illegible] till the day of her death February 11th 1846 as aforesaid that this [illegible] has often heard his father + mother the said Ebenezar + Mary say in their lifetime that they were married about the time of the war of the revolution, that he believes they were married at Jones-Borough (now in Tennessee) about 1781 or 2 that from the family record (Family Bible) in the hand writing of his father the said Ebenezar Fain (herewith forwarded) hi finds
Page 20

That his brother David Fain the oldest child of the said Ebenezar  + Mary was born August 3rd 1782, that the said David is noe living in Filmer County and calls himself 64 years of age that his sister Margarett the 3rd child ws born August 6th 1786Mercer Fain the 4th child ws born February 28th 1789 – Elizabeth Fain was born July 7th 1791 Mary Ann Fain was born Jany 6th 1794 Sally Fain was born May 30th 1796 – John Fain this [illegible] was born Dec 14 1797 Rebecca Fain was born December 10th 1799 Polly Ann Fain was born April 1804 That all of the above nine children are the lawful heirs of the said Ebenezar + Mary Fain and are all [illegible] to the [illegible]  of this [illegible] – David Fain, Margaret (now Thomas/ + this – lives in Gilmer country in Habersham  Co GA Elizabeth (now Trammell) Sally (now Howard) in Macon County (N.C) Rebecca (now [illegible]) in Lumpkin  Co Ga Polly Ann (now Harvell) in Mississippi  Mercer Fain in Texas Mary Ann ( now Junkin) also in this county – that this [illegible] – has [illegible] an other record of his Fathers family but it [illegible] [illegible] cause was lost or destroyed and his Father [illegible]  haven’t years since drew off the one copied which is herein inclosed which [illegible] [illegible] his own age also that of his wife -  that they lived together as man and wife from the day of their marriage till the day of his death as aforesaid that he knows of no record of this marriage nor of any living witness where he can procure any further proof of this marriage that he appoints  [illegible] of Tallahassee Florida by
Page 21

lawful agent and attorney to collect the pension due his mother the said Mary on account of the Military Services rendered by his Father the said Ebenezar Fain and all ballances that was due his Father in his lifetime Sworn to and Subscribed the day and year first above mentioned John Fain Adminr before me [illegible] State of Georgia Gilmer County I Benjamin Chastain a Justice of the Peace in and for said County do hereby certify that I was intimately acquainted with Ebenezer Fain and his wife Mary for the last fifty years of their lives, that I become acquainted with them in Pennington District (S.C.) That I was also acquainted with their family a copy of their names and births on the leaf of a bible herewith presented to accompany this certificate I believe it to be the hand writing of the said Ebenezer Fain, and believe it to be correct that I have often seen the said Fain Write (he used to be a magistrate for many years) and I think was drawing a Pension at his death that he died at his Sons, John Fains in this County and his widow Mary Fain died this last Winter about seven miles from this deponent; That David Fain their oldest son lives in this County he and to be a school mate of mine and from my own age (which is Sixty six) I know he must be or much as 64 years of age, that I am of the opinion the said Ebenezer & Mary were married about 1782 that they have always be considered man and wife [illegible] my hand and Seal this 19th day of [illegible] Chastain
Page 22

State of Georgia
Gilmer County
Be it remembered that on this 20th day of June 1846 before Mr. Benj. Chastain a Justice of the Peace in and for said county personally appeared Enoch West of the county aforesaid who is well known to me a creditable witness and made oath in due form of law that he was acquainted with Ebenezer Fain and his wife Mary also with all of their family who reside in this County that I have seen the said Ebenezer write and am confident that the family Record herewith presented on the leaf of a bible in the handwriting of the said Ebenezer Fain, that the said Mary Fain his widow died this last winter in this County. I am acquainted with David Fain  the son of Said Ebenezer & Mary and believe him to be as old as 64 years. That the old gentleman and lady and all their family are considered honorable and are, and been always entitled to full credit in the neighbourhood where they reside.
Sworn to and subscribed the day and
year first above mentioned before me  Enoch West
Benj Chastain J Peace
State of Georgia
Gilmer County  ss  Be it known that in open court before the Inferior Court of Said County this Declaration of John Fain [ ] & c of Mary Fain deceased, Certificate of Benj. Chastain Justice of the Peace in and for said County (that we know him to be such & signature genuine) & the affidavit of Enoch West together with family record attached has all been certified examined by said court, that the Court do hereby certify that the parties above mentioned are well known to said court and that the Court fully believes that all the statements herein contained are honest & true and are in entitled to full faith and credit, that said John Fain lives about 20 miles from this court, that the court are satisfied that the declaration taken before Benjamin Chastain J. Peace is the same as if taken in open court. In witness whereof we have hereunto Set our hands and Seals this 1st day of Sept 1846  Samuel Jones J.I.C.  L.S.
Jonathan Withrew JJB   L.S.
Henry Pettit J.J.C     L.S.
J.L. Wikle J.J.C    Seal
Page 23

you will find below the desired information as contained in his (or his widow's) application for pension on file in this bureau. Ref. 3421
Ebenezer Fain
Dates of enlistment or appointment
June 1776 3mos pvt
June 1, 1780 3mos
Sept 11 1780 3mos
Dec 1780 2mos
April 1781 6mos
Officers under whom service was rendered.
Captain.
James Montgomery
{illegible] Trimble
Cunningham
[illegible]
Gibson
Christopher Cunningham
Colonel.
Page 24

REJECTED
3421
P.O.
Mary Fain
Service: Ebenezer Fain
Enlisted , 18
Discharged: , 18
Application filed: , 18
Alleges:
Re-enlisted:
Attorney:
P.O.
Recognized..   Contract.
Cert. of Dis.    Searched for   ,18
Page 25

1891
Sept 3 E P Speer -  history  Prior
1906 Apr 10  Hist to L. Fain Anderson
1909 Jany 11, Hist to Nellie B Lask. V.L.M.
(see letter in Wid. File 10019)
1915 Sept. 16 History to Sarah A. Crumley  F.W.
1919 Oct.22 History to Mrs. E.D. Smith
Page 26

No  13032
Mary Fain  de
Ga
Set to CH. Blood Sept 14 '46
Hon J H Lumpkin
21st December 1846
Set to T.L. Smith Apl 
Query J Walker 28 Nov. 1854

Act 1 July 1838
Page 27

Clarksville 8th June 1936
Dear Sir
After the most diligent search no record or copy of the Declaration and accompanying 
documents in the matter of the 
Claim of Ebenezer Fain of this county to a pension as a Soldier of the Revolution can be found. Nor can it be ascertained what has become of the original & the correspondence relative thereto.
To comply as far as possible with your request I herewith send you some affidavits and certificates and my wish that they may be filed with those papers heretofore transmitted.
Mr Rusk although now Sec. attorney in Texas , left his business and papers in great confusions here and Mr. Fain can mostly hope that the negligence of his atto. may not prejudice his now just claims on the government for many arduous and dangerous services.
Very Respectfully
Yours [ ]Turner H. Trippe


Will you be so kind as to advise me of your rct. of this and the papers enclosed and let me know as early as possible the final determination of this matter.
T.H. Trippe
Page 28

Georgia
Marion County
I Arthur Gilbert do hereby certify that on the 9th day of January 1836 when signed the Certificate for the applicant Ebenezer Fain attached to this Declaration to obtain the benefit of the act of Congress prepared the 7th day of June 1832 I was as the said stated Clerk of said Superior Court but am now out of office and that from the organization of said County up to that time the said courthouse provided as official Seal and therefore said Certificate was given under my hand and private Seal.
Given under my hand and seal the first day of November 1836 
Arthur Gilbert C.S.C.  seal
Page 29

Georgia
Cass County
I John W Hooper formerly Judge of the Superior Courts of the Cherokee Circuit of said state do hereby Certify that while I presided therein Arthur Gilbert was Clerk of the Superior Court of Union County in Said Circuit that there was no official Seal for said County, that I am acquainted with the hand writing of the said Arthur Gilbert and believe that his name signed to the within Certificate is in his hand writing.
In testimony whereof I have hereunto set my hand this 7th day of December 1836
John W Hooper

Washington City
District Columbia
I Jesse F Cleveland do certify that the Signature of John W Hooper attached to the above certificate, is genuine, and that he was a Judge of the Superior Court for the State of Georgia, and presided in Union County in said Character as Judge - Feby 3rd 1837
Jesse F Cleveland
Member of House Representative
Page 30

War Departments
Pension Office
June 27 1836

Sir,

The depositions enclosed in yours of 8th instance satisfactorily account for the non-production of the original declaration of Ebenezer Fain, as required by my letter of 26th March last to the Hon. Z.W. Owens.

When an examination of his papers it appears{No. 1} that the creditibility of the witness has not been certified by the magistrate administering the oath, nor the attestations of the {No. 2. }Clerk verified by an official seal with such device or inscription, as would distinguish it from all other. If the court have not provided such a seal the certificate of the member of Congress from the District, as to the genuineness of the Clerk signature, would be received.
I am respectfully
ZWOwens
J L Edwards

Turner H Tripp, Esq
Clarksville
Georgia
Page 31

Georgia 
Marion County

I Albert Vickrey a Justice of the peace in and for the county aforesaid do hereby certify that the Honorable John Thomas whose name appears as a subscribing witness to the witness afforesaid stands as fair in Community as any gentleman and is as much to be depended on for truth and veracity and has Represented this County in the State legislature in the Representative Branch of ever since the organization of this County 
given under my hand and seal this 21 day of August 1835
Albert Vickrey  J.P.

Georgia
Union County

I do hereby certify that Albert Vickry was an acting Justice of the peace at the time of making the above certificate and that full faith and credit should be given to his acts as such 
Given under my hand and seal this the 7th day of January 1836
Arthur Gilbert J.G.

I John McMurray Judge of the superior Court of law for the County of Union in the State of Georgia do certify that Arthur Gilbert who has given the foregoing certificate is Clerk of the superior court for the aforesaid County and that all his official acts as such are instilled to full faith and credit 
given under my hand and seal this 9th day of January 1836
John McMurray  [illegible]
[illegible]
Page 32

Georgia 
Union Cty

Before me Albert Verkey a Justice of the peace in and for the county aforesaid personally came John Thomas who after being duly sworn deposeth and saith on his oath that in the disposition of the late Cherokee Territory by lottery agreeable to an act of the legislator of the State of georgia that Ebinezer Fain senior who now applys [sic] to the general government for a pention [sic]  as a soldier in the American Service in the Revolution War agreeable to an act of the congress of the United States allowing petitions to such drew a lot in the land lottery of this State as a Revolutioner  [sic] and it is granted by the Authorities of this State and Conveyed By the Said Ebenezer Fair senior to to use who holds a legal title for said lot of land agreeable to the laws of this State and the deponent further states that he has known the aforesaid Ebenezer Fair senior for about twenty years and that he has always understood him to be a soldier in the Revolution war in the American service and that the said Fain is a man to be depended on for truth and verasity [sic] and stands fair as a member  sworn to and subscribed this 21 day of Augt 1835
Albert Vickrey J.P. [seal]   John Thomas
Page 33

Treasury Department
Second Comptroller’s Office
December 7th, 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,” Ebenezer Fain, a Pensioner on the Roll of the Savannah, Georgia: Agency, at the rate of Forty Dollars per annum, under the law of the 7th June, 1832, has been paid at this Department, from the 4th day of Sept. 1837 to the 4th day of March 1838.

Respectfully, yours,
(Albios?) K. Parris 
Comptroller 

To the Commissioner of Pensions,
Present
Page 34

Washington City
12th Dec 1846
Mr. James L Edwards
Dear Sir,
I again enclose you
the letters of administration on the estate of Mary Farin late of Gilmer County GA. My correspondent informs me that he assures these letters filed with the declaration of John Farin of Gilmer County, GA forwarded by me to your office among the last letters of congress.
yours truly
John H Lumpton
Page 35

Georgia
Union County
I do hereby certify that 
Albert Vicky was an acting justice of the peace for said county at the time of making the above certificate & that full faith and credit should be given to his acts as such given under my hand and seal this the 9th day of January 1836
Arthur Gilbert C. L. B
I, John McMurray, judge of the inferiro court of law for the county of Union in the state of Georgia do certify that Arthur Gilbert who has given the foregoing certificate is is clerk of the superiour court of law for the aforementioned county and that all his official acts as such are entitled to full faith and credit given under myt hand and seal this the 9th day of January 1836
John Mcmurray J J C
Page 36

Georgia
Union County

Before me Attests he keeps a Justice of the Peace in and for the county aforesaid [illegible] of said county who after [illegible] and saith on his oath that he has frequently heard James Kuykendall [illegible] in his lifetime say that [illegible] Ebenezer Fain [illegible] did serve together from the first campaign under Colonel Charles Robertson [illegible] Cornwallis [illegible] in the American Service and that they was together in several engagements against the British Forces and Indians sworn to and [illegible] before me this day December 9th 1834 
Albert Vickrey [JP] 
Jesse Mellim


Georgia 
Union County
I Albert Vickrey a Justice of the Peace in and for aforesaid do hereby certify that I have been acquainted with the aforesaid James Kuykendall [illegible] 15 or twenty years and that I have been acquainted with Jesse Mellim the witness I believe them both to be men of confidence and that I believe that the said Mellim is to be believed as soon as any man in community and I further state that the aforesaid James Kuykendall stood fair in community and from my knowledge of his age  I have no doubt that he was of age sufficient to have been in the Revolution War and from what I have heard old
Page 37

soldiers say that the said Kuykendall was a soldier in the Revolution War in the service of the United States and was in several engagements of the British Indians and Toreys [illlegible] at Kings Mountain given under my hand and seal this 9th day of December 1834
Albert Vickrey JP [seal]

Georgia
Union Cty

I Albert Vickrey do hereby certify that I have been acquainted with the applicant for a [illegible] Ebenezer Faen senior for about 25 or 30 years he has always stood fair in community and has held to my knowledge several very [illegible] cruel affairs and from my knowledge of his age I have no hesitation in saying I believe him to be intitled to it and from all information that I [illegible] had of him that he was a true friend to the American Service in the Revolution War and from my knowledge of the [illegible] I do not believe he  wrote ask it general government or [illegible] receive it if he was not justly intitled also I freely state that he stands fair as a member in society given under my hand and said this 9 day of December 1834 Albert Vickrey JP
Page 38

n
State of N.C. Marion County
December the 30th 1835

This day John Clark Sen. of the state and county aforesaid personally appeared before me one of the acting justices of the peace in and for the same, and made oath in due form of law to the subsequent lines of this Affordafort [sic]
This witness certifys [sic] that he was himself stationed at Bryans Fort State of Va washington county within 6-7 miles of where the present Applicant Ebinezer Fain was stationed at Black fort, from the first of July untill [sic] some time in october of the year 1776.  The witness say that I volluntiered [sic] myself in September of 1780 attached to the Regiment commanded by Col Wm Campbell who was afterwards promoted to I think Briggade [sic] General, and this G Fain under the command of Col John Sevier both Regiment met at the cowpens I think the day before the battle at Kings mountain, where I was engaged in the fight and have every Reason to believe from our conversation on the subject since the war he the said E Fain was beyond all manner of doubt in the same battle, and I have been personally acquainted with Mr G E. Fain from the year 1776. and I know that he has ever born the name of a good soldier, a true friend to his country, and of later years he has been a Millitary [sic] officer, well beliked, and has been a Justice of the Peace a great many years.  not only these little offices but stands fair in society - Sworn to and Inscribed before me the day and date above writen [sic]

Jno Zachary JP [seal]         John Clarke senior

I must inform you of my acquaintence [sic] with this witness Mr Jno Clark I have only been acquainted with him about five years I believe him to be a man of truth and honesty standing fair in society     
Jno Zachary JP [seal]
Page 39

I Silas McDowel clerk of the Superior Court of law for the County of Mason in
the State of North Carolina do Certify that James Zachery who has given the 
forgoing certificate is an acting justice of the peace for the aforesaid County 
and that all his official acts as such are entitled to full faith and credits in 
testimony of which I hereunto assign my name and affix my Seal of office
this 1st day of January 1836
[right] ?. ?. McDowell Clerk [signature
Page 40

This is to certify that I have been personally acquainted with the 
Applicant Ebenezer Fair for about 15 years past he was in Good 
credit then in his Neighbourhood and so has still remained to this
date for aught I have ever Known A large portion of which time he 
has served us as an active Justice of the peace with due respect and 
Acceptability And safly [safely] say as a Neibour and citizen of his 
country he has supported a good standing in society and may be 
relyed [relied]on Either in his word or Oath as to his revolutionary 
Servises [services] I have never heard anything to the contrary and 
should not doubt it's reallity from the General Confidence in which
he now stand and has ever Stood since I have known him
Given under my hand this 26 day of June 1836
Habersham County Ga

[right] Zeke Richardson [signature]
[right] Elder M. L. C.

The above Sworn to and Subscribed before me this 26th day of
February 1836
Thos M. Hughes J. P. [signature and title]

I do hereby Certify that I have been acquainted with the Reverend 
Jessey Richardson a preacher of the gospel for the last twelve
years and that he has always supported an honest and upright
character [character] and his word or Oath may be much relied 
upon and that he Stands fair in Society 
given under my hand and Seal this 26th day of Feb 1886
[right] Thos M. Hughes J.P. [signature and title]
Page 41

Georgia Habersham County }
I Charly B. Nord Clerk of the Inferior Court of said County 
do hereby certify that Thomas Hughes whose name appears 
to the foregoing Certificate was at the time of it's date an 
acting Justice of the peace in & for Said County & that full 
faith and Credit ought to be given to his Attestation
as such-
Given under my hand & Seal of Office this Eleventh day of
March 1836.
Chas B. Nord J.O.P. [signature and title]

Georgia Habersham County }
I Absolam Holcombe one of the Judges of the Inferior Court
of Said County do hereby Certify that Charles B. Wood whose
name appears to the above Certificate is the Clerk of the 
Superior Court of Said County that the same is in due form of 
Law and that full faith & Credit ought to be given to his 
attestation as such
Given under my hand this Eleventh day of March 1836
[right\Absalom Holcombe J.J.C. [signature and title]
Page 42

Georgia Gilmer County }
By the honorable the Justices of the Inferior Court of Said 
County sitting for ordinary purposes

Whereas Mary Fain late of this County
deceased, died intestate having while She
lived and at the time of her death diverse
estates real and personal within
the County aforesaid by means whereof the
full disposition and power of granting
administration of the estate of the Said
deceased, and also of a final dismissure
from the Same to the Court aforesaid does
of right belong; they desiring that the same
may be well and truly Administered
and legally disposed of do hereby grant
unto John Fain Temporary Administrator
full power by the Tenor of these presents
to administer the entire estate, both
real and personal of the said deceased
which to her in her lifetime and
at the time of her death did belong
and to ask demand Sue for, and
recover, and receive the same, and to
pay the debts in which the deceased stood
bound, so far forth as his assets [assets]will
extend according to Law, and then the balance
jointly to pay over to the legal heirs
and distributees of the said deceased,
And the Said John Fain, having given
bond and Security and Taken the Oath
and performed all other requisites required
by law necessary to his just qual
ification as administrator he is by order
of Said Court and by virtue of these pres -
Page 43

= cuts ordained, constituted and appointed temporary administrator of the whole estate, both real and personal of Said deceased. 
Witness the honorable Henry Pettit one of the Justices of Said Court of Ordinary this 6th Day of July 1846
William Erwin  JPP.O.

Georgia  Gilmer County }  
I Henry Pettit one of the Justices of the Inferior Court of Said County do certify that William Erwin whose name appears to the foregoing letters of administration is Clerk of the Court of Ordinary and that due faith and credit ought to be given to all his official attestations as such.
Given under my hand and Seal this 6th Day of July 1846.
LS1           Henry Pettit Justice of the Inferior Court [signature and title]

I certify that William Erwin a Clerk of the Court of Ordinary of Gilmer County Georgia and I believe the above, his signature  This 31 July 1846
[right] John H Lumpkin [signature]
Page 44

State of Geogia Union County }

Be it remembered that on this 21st day of June 1846 (1846) before me Miles M Roberts a Justice of the Peace in and for Said county personally appeared John Nicholson of Said county 83 years of age Pensioner of the U States who is well known to me and is a creditable witness and made Oath in due form of law that he was acquainted with Ebenezer Fain and his wife Mary Fain. Evidence before the Revolutionary War closed that he has been acquainted with them and their family ever since that the Said Ebenezer Fain and his wife Mary lived together as man and wife and raised a large family of children that Late Fain died some years since as this deponent was informed and believed and that his wife Mary died this last winter as he believed, That this deponent was married soon after the close of the Revolution and the Said Fain was married sometime before this deponent, that no doubts has ever been expressed but that they were legally married and this deponent fully believes they were such.              
[right] John Nicholson [signature]

Sworn to and Subscribed this day and yearfirst above mentioned before me
M.M. Roberts J Peace [signature and title]

State of Georgia Union County }
Be it remembered that on this 21st day of June 1846  before me Miles M Robers, a Justice of the Peace in and for Said county Personally appeared Susannah Nicholson of sd [Said] county who is well known to me as creditable Witness 80 years of age and made Oath in due form of law, that she was intimately acquainted with Ebenezer Fain and Mary Mercer before they were married, that the late Ebenezer & Mary were married by Tidence Land, a minister of the Gospel in Washington County, now Tennessee, that Jesse Wethers and Peggy Wiley were there waiting. All of these facts were made known to this deponent at the time of their occurrence but that they were not present at
Page 45

Their wedding was told by the Said Fain, that he went to Col John Sevire and got his License and took the waiters and went to Parson Lanes and were married . That this deponent believes the Late Ebenezer and Mary were married in June 1781. That this deponent was married home two years after and their oldest child David Fain was then large enough to walk- That this deponent was married the next year after the war closed (of the Revolution) and the Late Ebenezar & Mary were married two years & from hence to await before this deponent that she has been acquainted with the Said Fain & wife ever since and knows their family. The last are (David), Mercer, & John Fain, their daughters are Margaret, Elizabeth, Maryann, Sally-Rebecca & Polly Ann. That no doubt have ever arisen as to their not living lawful man and wife. And this deponent fully believes they were- That Said Fain died a few years since and his wife that Late Mary died this last winter. 
Sworn to all subscribed this day and year first above mentioned before me.   
[right] her mark [X being her mark]
[right] Susanah X Nicholson

M.M. Roberts Justice of the Peace [signature and title]
Witness  W.M. Vanrum [signature]

Georgia Union County }
Thos M. Hughes Deputy Clerk of the Inferior Court of Said County
Do Certify that Miles M Roberts whose name appears to the foregoing affidafits as Justice of the Peace is an acting Justice of the in & for Said county and that due faith and credit ought to be had and given to his attestation as Such and that the same is in due form of law and that his Signature to the foregoing is [?]  given under my hand and Seal office this 22nd day of June 1846
Thos M Hughes D.C.G.C. [signature and title]
Page 46

Georgia
I, Augustus R. Wright, Judge of the Superior Court of the Cherokee Circuit in Said State do Certify that Gilman County is in Said Circuit and that Ransom B. Perry is Clerk of the Superior Court of Said County of Gilman Anjd his Certificate as Such is in due form. 
Given under my hand this 3d day of September 1846
Augustus R. Wright
J.P.G.C.G.

Georgia
Lumpkin County

I Milligan P. Quillian Clerk of the Superior Court of Said County of Lumpkin, it being in the Cherokee Circuit, do Certify that Augustus R. Wright is Judge of  the Superior Court of the Cherokee Circuit in Said State
his signature as such is genuine

Given under my hand and Seal of office this 3rd day of September 1846
M.P. Quillian Clk
Page 47

State of Georgia
Gilmer County        I William Erwin Clerk of the Inferior Court “In and for Said County do hereby Certify that the foregoing attached certificate of Said Court Contains the original proceedings in the matter of John Fain  about the application for a Pension. In witnefs whereof I have here unto set my hand & private seal there being no seal of office this Day of Sept 1845.    William Erwin Clk IC

State of Georgia.
Gilmer County
I Ransom B Perry Clerk of the Superior Court foresaid County do certify that William Erwin whose name appears to the above record foregoing certificate in Clerk of the Inferior Court for this County and that his signature is genuine in all his official acts as such. In Witnefs to hereof I have hereunto set my hand and affixed my private seal there being no seal of office this the 1st day of September 1846
R.B. Perry CIk
Page 48


13032
342
[Remainder is illegible]
Page 49

Georgia
Habersham County: We the undersigned & Judge of the Inferior Court & Court of Ordinary of said County. I hereby certify that at one time that Ebenezer Fain made his first application and exhibit before the said court of Ordinary his first Declaration to obtain this brief of the act of Congrefs pafsed 7th June 1833  Thomas J Rusk was the atty and agent of said Ebenezer Fain and that he was also the Clerk of the said Court of Ordinary and that he made no need of such Declaratory as and exhibited to said Country.
Given under our hands this 7th June 1836.
James Williams
J.C.O.
Absalom Holcombe J.C.O.

I do also certify that these do not appeard on the Books of my office any name of the application of Revolutionary Soldiers for Pensions made by Thomas J . Rusk or any Deputy of his while he was the Clerk of this Court of Ordinary, 7th June 1836.
Lewis Levy. DCCB
Page 50

Washington 24 May 1850
Sir:
In compliance with a request contained in a letter addrefsed to Major TL Smith by WM Varnum, which he exhibited to now show to request that you will allow me to examine the paper on file in your office in support of May Fains, claim for pension.
With great respect
Yr obt. svt
JG Berret

Hw
J.L. Edwards
comm ic
Page 51

[post mark] JONESBOROUGH OCT 24 Te

W M Varnum
Dahlonega
Georgia



433-5-12   $30
Joseph [Illegible]
Page 52

433-5-12   $30
Joseph [Illegible]

WM Varnum
Dahlonega
Georgia

[post mark] JONESBOROUGH OCT 24 Te
Page 53

Jonesboro Tenne   October 21 1848

Dear Sir, 
I have examined the record and file in my office for the marriage License and bond for Ebenezer Fain and find none.
Yours Respectfully
TA Smith clk 
of the Country Court
of Washington County
Page 54

[Illegible] Chambers
July 26, 1841

Sir
I am requested & inquire at  your department whether a claim of Ebenezer Fain a citizen of Georgia Ive been put on file there and whether I have been allowed, so that the amount may be drawn.
I do not know any thing of the nature of the claim and regret that I am unable to inform you in what way it has arisen. Will  you do me a favor & ascertain what is the condition of the claim and inform me. 
I am with high respect
Your Obed Servt.
Willet Graham
Hon. John Bell
Page 55

Georgia   
Habersham County

Personally appearing before me Benja Vaughan a Justice of the Peace in & for said County Benjamin Cleaveland who being duly sworn deposed today that he has made diligent & repeated search among the presence of my son in law  Thomas J. Rusk since his removal to Texas for the papers pertaining to the application of Ebenezer Fain for a pension as a revolutionary soldier: that deponent had been unable to find them on any of the correspondence relative hence: that this deponent has been long acquainted with said Ebenezer Fain and believing him to have been a soldier of the Revolution and that he had always sustained that character since this Deponent finish  know him and that this Deponent has.
Page 56

full faith and confidence in any statement whether under oath or otherwise which the said Ebenezer Fain had made in relation to his service in the Revolutionary War.
Sworn to & subscribed before me this third day of May - 1836
B. Vaughan JP       Benja. Cleveland
Page 57

Georgia
Habersham County
Before now Benjamin Vaughan a Justice of the Peace in often said County personally gave Absolam Holcombe who being sworn sayed that he had furnished both in the Court of the Ordinary & the Inferior Court of said County to whom Ebenezer Fain made application before said County respectively  for the benefit of the act of Congrefs prepared 7th June 1832.

That he believed that that (sic) the last application of the said Ebenezer Fain composed substantially with the finish in detailing the facts: That Thos J. Rusk Esq was his Attorny and the he had left this County and had gone at his this declaration is informed to Texas and that he left this County clandestinely: That this Deponent has {known} pensioner the said Ebenezer Fain for a long time. That he termed him a man of strict veracity: That the said Ebenezer Fain is genuinely  infantry &  believed to have been a Soldier of the Revolution and a good whig and that his Deponent concurs in that opinion.
Sworn to & subscribed  before me  this 7th June 1836. 
B. Vaughan JP      Absalom Holcombe
Page 58

Clarksville Georgia, 21st January 1839

Sir, 
I have endeavoured to obviate the difficulties in the application of Ebenezer Fain which was pointed out in your [missing?] for the 27th June last as far as practical.

(No. 1) You state that "the credibility of witnefses "had not been certified by the magistrate administering the oath."

By a careful examination of this notarizing attached you will see that the magistrate had attempted to do this in his acquaintances language in every instance, but one, [Illegible] saying that the dissonant was a "manner of confidence and to be believed as same as any man in our mainty" and adding to in most instances, their certificate of the good character of the applicant himself. The certificate of Jefse Reid to the character of Benjamin Oliver is not appended. It was omitted in the first instance and an account of the great distance of the incidence from said Reid from other applicant his applied to Robt Trammell, a Justice of the Peace in Georgia and
Page 59

procuring his certificate, he being personally acquainted with said Oliver the witnefs. But if that should be withdrawn it would not affect the character of the other [Illegible] annexing to other applications.
No. 2 Arthur Gilbert for now clk Sup Court of Union County gave his certification under his private rank only. We have procured from him another certificate which me and you that then had at that time no official seal. But Union County brings in a ninth part of that State now of an obligation in Congrefs an acquainted with his hand writing but I have added to it the certificate of Judge Hooper whose hand writing is well known, particularly to Mr Jefse Cleveland and of the [Illegible] by of congrefs from they state to whom upon you for a certificate. I suppose that hand writing of the clerk will they be satisfactorily proven: at all county [Illegible] but testimony that can be found and the [Illegible] might of Mr. Fain can not suffer hear with news of
Page 60

Our member of congrefs happens to know Mr. Gilbert's hand writing.
All the history and certificate are attached by a narrowed ribbin, the [Illegible] of which pays under the seal of C.B. Word Clerk of the Inferior court of Habersham County before which court all the proceedings have been had. I have not thought proper to attach the certificate of Mr Gilbert and the judge Hooper but said  [Illegible]  to you apart from the other proceedings as they may be attached after you've proven 
the certificate of Mr. Cleveland. I have written to Mr. Cleveland to call and attend his hand you will furnish me to refer you to him and to Mr. Owens, especially to Mr Owens for any information & explanation touching the matter you may desire.
Very Respectfully 
Your H.
Turning H. Trippe
J.L. Edwards Esa. Court of Pensions
Washington City.
D.C.
Page 61

Georgia 
Habersham County

Before me Benjamin Vaughan a Justice of the Peace in for said County personally 

and after being sworn says: that he was an [Illegible] the Judge of the Court of Ordinary & finding at the time Ebenezer Fain Exhibited before said County his first Declaration for a position as a Revolutionary Soldier and that he was Justice in the Inferior Court and hearing the said Declaration made that he believed that they substantially agree the one with the other: that Thos J Rusk was the agent of said Ebenezer Fain and was also Clerk of the Court of Ordinary and that since that time he has [Illegible] and given to [Illegible] this from which he lived has kept no second of the Declaration for made by the affidavits for putting under other act of [Illegible] of this 7th June 1836. Sworn to and subscribed before me this 7th June 1836.
B. Vaughan     Jehu Starritt
Page 62

Georgia
I Charles B. Word
Habersham County Clerk of the Inferior
Court do hereby Certify
that Benjamin Vaughan whose name
appears to the foregoing affidavit is an
acting Justice of the peace in the aforsaid
County that full faith and credit ought
to be given to
his attestation as such
that the same is in due form of Law.
Given under my hand & seal of
office this 7th day of June 1836
Chas B. Word C.J.C.

Georgia Habersham County 
Thos J. Hughes one of the Judges of
the Inferior Court of said County do hereby
Certify that Charles B. Wood whose name appears to the foregoing Certificate is the Clerk of the InferiorCourt
of said County, that full
faith & credit ought to be given to his attestation as such & that the same is in due
form of Law.
Given under my hand
this 17th day of June 1836.
Thos J. Hughes JJC
Page 63

H.C .Spalding
January 1853.
Page 64

Washington, 25th July 1853.

Honorable Jos E. Heotte(?)
Court of Pensions

Sir,
I have the honor to
submit a Power of Attorney from John Fain
[?] is at [?] of Mary Fain deceased, late of Gilmer
County State of Georgia who applied for a pension
]?] right of the services of her husband John
Fain who was a revolutionary soldier.
Mary Fain applies under the Act 7th July 1836
and her case has been suspended.

I desire to examine the papers on file in the
Department for the purpose of supplying the defense
]?] in the proof.

Very Respecfully
your obt. svnt.
H. L. Spalding
Atty
Page 65

Georgia Habersham
County
I Robert Trammell an acting Justice of teh peace for said county do certify that I have been acquainted with Benjamin Oliver whose name appears to the fore going Surtificate (sic) for twenty five years and that he is a man to be relyed (sic) on for truth and verasity (sic) and ought to be believed on oath & I do certify that I have been acquainted with Ebenezer Fain, the present applicant for the above stated limit of Time 25 years or up wards and is a man respected as an honorable man. Given under my hand and and (sic) seal this 18 January 1836
Robt Trammell JP

Georgia 
Habersham County    I Charles B. Word Clerk of the Inferior Court of said county do hereby certify Robert Trammell whose name appears to the foregoing certificates was at its date an acting Justice of the peace in the said county & that full faith & credit ought to be given to his attestation as such. Given under my hand and Seal of Office
This eleventh day of March 1836
Chas B Word C.I.C
Page 66

Georgia
Habersham County   Absolam Holcombe
Judge of this Inferior Court of said county do hereby certify that Charles B. Words whose name appears to the foregoing certificates is the Clerk of said County, that the said is in due [Illegible] of Law and that full faith and credit ought to be given to his attestation as such. Given under  my hand this eleventh day of March 1836.
Absolam Holcombe J.I.C.
Page 67

state of north carolina macon county this day pursonally (sic) appeared Benjamin olliver.
Before me Jesse Read one of the acting Justices of said county and made oath that he was pursonally acquainted with Ebenezer fain and that the said fain servd  (sic) at three months touer  (sic) of duty under Colonell Charles Robberson of Washington County north Carolina know [Illegible] & see it was in the year [crossed out]1780
Sworn to and subscribed 24 July 1834
Jeese Reid JP       Benjamin Oliver

State of N Carolina. 
Sharon Country                 I John Patham clerk of the court of pleas and quarters person of said county do hereby certify that Jefsee Reid whose name is to attached to the above affiavid is an acting Justice of the peace of said county most all his official acts are entitled to [Illegible] and credit is such. 
In testimony whereof I have in to set my name and affix my seal of office on this 3rd day of March 1834
John Patham CIC
State of N Carolina
Macon County      I J. Phillips J Peace on of the County Court do here by cirtifie (sic) that John Patham is clerk of the Court of pleas and quarters [Illegible] for the court aforesaid—and that due faith and conduct ought to be paid to all official acts. March 3rd 1834 
J. Phillips CH
Page 68

The Affidavet 
of
John Thomas 
and 
certificate of
Albert Vickery
Page 69

State of Georgia union County. This day David fain the state and county aforesd personally appeared before me one of the acting Justice of the peace in and for the same and made oath in due form of law to the Judgement lines of this aff affadafat (sic).
This witnefs certifys (sic) that he heard for John Meenab of tennissee (sic) day, that he was present with Ebenezer fain in several towns in the old revolutionary and the said witnefs further staits (sic) that he heard James Keykendal [crossed out say] discus say that he was present with Ebenezer fain in several towns in the old revolutionary war- the witnefs further states that this Menab was a man in good standing, that his word could be relied on also states that this Keykendall was a man in good standing for he had been acquainted with him for many years sworn to and subscribed to before me given under my hand and seal David Fain  January the 9th day of 1836
Job Self JP
I Job Self have bin acquainted with David Fain Sixteen years the subscribed witnefs that he is a man that he can be depended on his oath and stands fair in society- have also bin acquainted with Ebenezar Fain for twenty five years and know him to be a man of dependence can be relied on oath and stands far in society.
Page 70

And have also heard thomas rodgers Esq say that he has bin with Ebenezer fain three towns in the old revolutionary war- further attests that the said fain has acted as a Justice of the peace and also attestation officer for many years given from under my hand and seal this the 9th day of January 1836. Job Self J of Peace
Georgia
Union County     I do hereby certify that Job Self was an acting Justice of the peace for said county at the time of making the above certificate & that full faith & credit should be given to his acts as such given under my hand & seal this 9th day of January 1836 
Arthur Gilbert  Seal
I John McMurray Judge of the inferior Court of law for the county union in the state of Georgia do certify that Arthur Gilbert [crossed out] who has given the fore going certificate is clerk of the Superior Court [crossed out] for the aforesaid  county and that all his official acts as such are entitled to full faith and credit in testimony of which I hereunto assign my name from under my hand and seal this the 9th day of January 1836 [crossed out December] 
John McMurray J.I.C.
Page 71

19.5 60
Eben Fain
Ga

New declaration original N 19560 not returned

3 mos dis [Illegible]

Admit 12 and [Illegible] 
Nl militia $40 per ann.

Hon. J. F. Cleveland HR
[crossed out]
Page 72

State of Georgia
Habersham county
This day the reverend Francis Bird A preacher of the gospel personal (sic) appeared before me A. Justice of the Peacein and for said county and made oath in due form of law to the subscribing lines of this affidfafit. [Illegible] and saith on his oath that he has bin(sic) acquainted with the presents applicant Ebenezer Fain for the last forty years and has just reason to believe general reports that the said Ebenezer Fain was a soldier in the revolutionary war in behalf of the United States and that he the said Fain has all ways supported an honest caracter (sic) and that he stands fair in society and that his word or oath may be relied upon. Sworn to and subscribed before me this 19th day of January 1836  Francis Bird  E.E .M.G.
Thos M. Hughes J.P. 
I do here by certify that I have been acquainted with the reverend Francis Bird as preacher of the gospel for the past twelve years and that his has always supported and honest and upright caracter (sic) and that his word or oath may be relied up on and that he stands fair in society. I do further certify that I have bin acquainted with Ebenezer Fain the present applicant for the last twelve years and that he has always supported an honest caracter and further that to my knowledge he has bin an acting Justice of the peace several years and was much
Page 73

approved of in his official capacity and further from general report do belive he was a soldier in the revolutionary war and that he stands fair in society given under my hand and sent this 19th day of January 1836
Thos M Hughes Seal

Georgia
Habersham County   I Charles B. Word Clerk of the Inferior Court of said County do hereby certify that Thomas M. Hughes whose name appeared to the foregoing certification at its date an acting Justice of the Peace in aforesaid county to that full faith & condition should be given to his attestation as such. Given under my hand and seal of office this Eleventh day of March 1836
Chas. B. Word C.I.C.

Georgia 
Habersham County   I
Absolam Holcombe  am of the Judge of the Inferior Court of Said
Page 74

(Miss)
Sarah A. Crumley
Imperial Hotel
New York
City-

Personal request of Sept. 16, 1915
Page 75

Georgia 
Personally appearing before Habersham County is Benjamin Vaughan a Justice of the Peace in the said County. Ebenezer Fain who being sound of  [Illegible] that his atty made diligent search among the papers left by Thos  J. Rusk Esq for the original declaration he made to obtain other benefit of the act of Congrefs passed 7th June 1832 in favour of the said  [Illegible] of the Revolution that he had made inquiry at the post office and at such other places as he thought it pofsible it might be: that he had not been able to find it or any of any of the Correspondence with the War Department and its subject: That he believed that the 1 aunt and lost or did [Illegible] or th[Illegible] at the said Thomas J. Ruske had it with him in [Illegilble]: That they an not in his, [Illegible] [Illegible] [Illegible], custody or control, [Illegible] that his second Declaration made before the Inferior Court for the said [Illegible] know of file in the war Department is substantially the second with the first. Shown to & subscribed before me the 7th June 1834.  Ebenezer Fain
B Vaughan
Page 76

Hale of Gorgia
County of Fannin. Know all Men by these Presents. That I John Fain of the County and State aforesaid, Son and heir of Ebinezer Fain who was a pensioner of the United States and Mary Fain deceased, Do hereby Constitute appoint and fully empower and authorize irrevocably William R Query and Henry H Walker of Stock Hill Georgia. My Live and Lawful Attorneys for me and in my name place and stead to examine into to prosecute ask and Receive from the government officers of the United States all my Rights in any Manner of Claim. to Pension or arrears of Pension That is or May be due me as Son and Heir of Ebinezer Fain and Mary Fain deceased who died leaving the Same Undrawn, as in Right of Law Custom or Equity that I am or may be entitled hereby Confirming all that my Said Attorneys May legally do in and about the premises And I hereby Revoke all former Powers of Attorney that may have been given for the purpose above stated. In Witnefs tohereof I have hereunto Set my name and seal on this 9th day of November AD 1854. 
Thos M. Hughes           John Fain Seal
Allen Barns JP
Page 77

State of Georgia
County of Fannin
Before me the undersigned and acting Justice of the Peace in and for Said County. Personally came John Fain who made the foregoing Power of Attorney and Acknowledged the same to be his act and deed for the purpose therein contained in writing whereof I have hereunto set my name this 9th day of November AD 1854  
Allen Barnes J.P. Seal

Georgia Fannin County. I James Kincade, Ordinary [Illegible] and for the County and State aforesaid do hereby certify that Allen Barnes Esq beforetohave the foregoing acknowledgment was made is and was the the time of signing thereof an acting Justice of the Peace within and for Said County duly Commissioned and Sworn and that the Signature thereto is Genuine. 
In Testimony Whereof I have hereunto Set my name and affixed my official Seal on this 9th day of November AD 1854
James Kincaid Ordinary of Fannin County Georgia
Page 78

Ebenezer Fain, Georgia Hill, Act June 7 1832
Be pleased to say to what time he was last paid
Pension Office
July 28, 1841
Pd to 4 Sep  1840  
JH
Page 79

Stock Hill Ga.
Nov 13th 1852

Dear Sir
We now send you a power of Attorney made to us by John Fain also of the Children of Ebenezer Fain deceased a Pensioner of the United States in order to have his claim examined. Which has been filed in the Pension Office of the United States. We would therefore respectfully ask you to examine the files and inform us what has been done in relation to said claim for arrears of Pensions said John Fain informs us that a Record of Births had been proved and filed in said claim. If there should be any deficiency in said proof, will you please inform us of the same. The suspended claim after which we require was claimed by Mary Fain, widow of Ebenezer Fain of Georgia as before mentioned who is now dead. Will you therefore please inform us what amount if any that is due in light of the Widow. We are very respectfully your Obt Servants
Hon L.P. Waldo         Query Walker
Comm of Pensions
Washington City D.C.
Page 80

Dahlanega Ga  Sept 3d 1846

E.L. Edwards Esq
Sir
Enclosed I send you the papers in the Pettit L. Fain case which I wish you to report to Maj C.H. Blood of Tallahafsee Florida now in Washington City  [Illegible] he be absent retain them until he calls for them.
Very respectfully, 
Your obediant servant
W.M. Varnum
Page 81

Washington, D.C.  June 25th. 1891.

Hon Green B. Haum,
Commissioner of Pensions,
Washington, D.C.

My Dear Sir:- 
The writer of the enclosed letter wishes the information asked for simply to fix some historical account of his forefathers and not for the purpose of filing a claim against Government.   Will  you kindly favor me with a transcript of what may be on file in your office relative to the soldiers named.
Very respectfully,
E.P. Speer
Cor. [Illegible][Illegible]
Room 31 Corcoran Building.
Page 82

603 East [crossed out]
Chattanooga Tennessee
October 9th 1919
To Commissioner of Pensions Rev Sec
Washington D.C.

My dear Sir:
I am anxious to obtain the military record of my relative, Ebenezer Fain. He fought in the War of the Revolution- The Fains lived in Virginia and Washington Co North Carolina. Ebenezer is said to have fought under Col. William Christian of Va.
Page 83

also under Col John Sevier of N.C. at the battle of Kings Mountain. He married Miss Mary Black. I shall be so glad to know if he drew a pension for his service in the [Illegible][Illegible] War.
Sincerely yours
(Miss) Mattie Ross Smith
Mrs Edwin D. Smith
603 East Fourth St.
Chattanooga, Tenn
Page 84

Lewiston
Washington Co.
Tennessee
March 24
Dr. Thos J.W. Brown

Dear Sir
See if you can find John Fain Samuel Thomas Fain William Fain Ebenezer Fain on War records of soldiers of War of Revolution or to Kings-Mountain S.C> Oct 7 1781. Send me entire list- if you can.

Suposing (sic) they belong to John Seviers Regiment and Captain Williams company yet I do not no history demands this. Send me entire list if you can get it.

See whose company Col Jacob Brown belongs to and Regment (sic). Send entire List

See who company William Anderson belong to he belong to Campbells Regment and I supose to Captan david campbells Company   he had former belong to Col Birds  Col William Birds Regment in 1858 from [crossed out] Augusta County Va. Dave Campbell lived in Sullivan couty (sic) Tenn in 1758 but suposed it wa his son G.W. Campbell was born in it 1758---
Page 85

suppose William Anderson went with Virginia men from former service and associations with them. Realy (sic) it was 1780. 
Before the home of General Evan Shelby was nown (sic) to be in Tennessee he gave up Colonel in 1780 and Col William Campbell became Colonel in his place. 
Samuel Fain John Fain belong to Captain Evan Shelby company and took part in batle (sic) at Point Pleasant Oct 10 [crossed out 1784] 1774 is this on file. Please look these up for me and write me.

John Jacob Brown was at J.B. Chases and Newsalum Grove yard Marc 21. I was with him 

Aunt Jeane Poindexter Died Marc 20 at 7[Illegible] am berried (sic) at 2 p.m. Marc 21  your Sisters E.& Con in Knoxville Mrs. Anderson is there. I wrote her to visit them or send for them to visit her at Fannie or Horaces.
Yours truly
J. Fain Anderson.
Page 86

(Miss)
Sarah A. Crumley-
Imperial Hotel
New York City

Personal Request of Sept. 16, 1915