Revolutionary War Pension and Bounty Land Warrant Application File S. 9042, for John Montgomery, North Carolina
Page 1

(3-1776)

Service
N.C.

Montgomery, John

NUMBER
s. 4092

carded
CONTENTS
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5606
North Carolina

John Montgomery
Guilford in the State of N. Car:
who was a pri in the Compy commanded by Captain Bill of the - commanded by - in the N. Car line for 6 months from 1780-

Inscribed on the Roll of North Carolina at the rate of 20-Dollars - Cents per annum to commence on the 4th day of March, 1831.

Certificate of Pension issued the 13 day of Feby 1833 and sent Hon A.H.
Shepperd Ho. of Reps.

Arrears to 4th of Sept 1832 30 -
Semi-anl. allowance ending 4 Mar 33 10 -
$40-
Revolutionary Claim,
Act June 7, 1832.

Recorded by Nathan Rice - Clerk
Book D Vol 8. Page 40.

1888 March 19. D Schenck history [illegible]
Date of death not [illegible]
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State of North Carolina
Guilford County 
Be it remembered that at a Court of pleas and quarter Sessions begun and held for the County of Guilford, at the Court House in the Town of Greensboro on the third Monday of August A.D. 1832 It being the 20th day of said month.
Present. Joseph Gibson, George Nicks and Moses McGready Esquires
The following Declaration was filed in open Court towit
North Carolina
Guilford County 
County Court August Term 1832

On this 24th day of August personally appeared in open Court before the Justices of our Court of pleas & quarter Sessions, now sitting the same being a Court of Records. John Montgomery aged 69 years of age a resident of the United States of the County of Guilford, and State of North Carolina, 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 June 7th 1832. That he entered the service of the United States, under the following named Officers as served as herein stated towit. That he volunteered in the Company of Capt. Bell in the latter part of the year 1780 and was marched up to the Yadkin River after a band of Tories there encamped, but the Tories being routed by the militia from Surry County, he returned home being gone from home more than one week, that shortly after coming home, he volunteered in the Company of Capt. McReak and marched by him and Maj. Blair up to Abbots Creek in the County of Stokes on an expedition after the Tories, after these were deep used he returned home being gone something more than two weeks.
That this tour was in the last of December 1780 and the first of January 1781. That he was marched a volunteer commanded by Capt. Forbes, Col Paisley, and Col Martin to join Genl Green in his retreat before the
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Brittish from the South that he joined Greens Army he believes in Caswell County and marched with him to Halifax Court House Virginia and after being there a few days intelligence was brought us that the Tories were making ravages in the neighbourhood of Capt Forbis who by permission from the Chief Officers returned home to protect his neighbours, that when he returned or left Greens Army at Halifax Court House Virginia he received a ticket for Six weeks service and when he returned to Guilford, it was found the Tories had fled, the County when it was resolved by Capt Forbis to join the Army again, but before we left Guilford Prisoners were sent to our Company with orders that some of Forbis men should guard them, for which he was one of those assigned, that in this he was engaged for two or three weeks and that too when the Battle was fought, at Guilford Court House. That after the Guilford Battle he was released from the care of the prisoners, and sent to Randolph County after some Tories gathered in the high hills of Randolph County called the Carraway Mountains, and that he was gone more than one week. That in September following he volunteered and marched in the Company of Capt Stewart Commanded by Col Martin & Genl Rutherford down the Country near to Willmington when he was engaged until near Christmas checking the ravages of the Brittish and Tories who would often time out in parties to plunder and destroy plantations in the Country. That on his return home Capt Stewart gave him a certificate for three months service, which he has long since lost. That he was always a volunteer, that he was born in Lancaster County Pennsylvania and moved in 1767 with his father to North Carolina, Guilford County where he has ever since resided that he knows of no one living who can testify from their personal knowledge to his services in the revolutionary war, except Andrew Donnell
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whose certificate accompanies this declaration, that he has not now any documentary evidence of his services that he is known to Revd Eli W. Caruthers [illegible] Wm Paisley, Benjamin Ross Esq Jedediah Smith Esq. Joseph Gibson Esqr Alexander Gray esq John Schoolfield, who can and are willing to testify to his character for veracity and their belief of his services as a soldier of the revolution.
He hereby relinquishes every claim whatever to a pension or an annuity except the present, and he declares that his name is not on the agency on Pension Roll of any State.

Sworn to and subscribed in open Court
John Montgomery
A. E Hanner CCC

Andrew Donnell maketh oath in open Court that he served with John Montgomery in a Tour of three Months down to Wilmington and that he served as states
Andrew Donnell
Subscribed & Sworn to in open Court
A E Hanner CCC

We Eli W. Caruthers a Clergyman residing in the County of Guilford and John Schoolfield residing in the same hereby certify that we are well acquainted with John Montgomery, who has subscribed & sworn to the above declaration. That we believe him to be 69 years of age

E. W. Caruthers
John Schoolfield
Sworn & subscribed in open Court. 
A Hanner CCC

And the said Court do hereby declare their opinion, after the investigation of the matter, that the above named applicant was a revolutionary soldier and served as stated. And the Court further certifies that it appears to them that Eli W. Caruthers who has signed the preceding certificate is a
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clergyman, resident in the County of Guilford and that John Schoolfield who has also signed the same is a resident in the County of Guilford, is a credible person and that the statement is entitled to Credit

J A [illegible] J.P.
F Fintress J.P.
G. Wright J.P.

State of North Carolina,
I Alfred E Hanner Clerk of the Court of pleas and quarter Sessions for the County of Guilford
Do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of John Montgomery for a Pension.
In Testimony whereof I have hereunto set my hand and affixed the seal of said Court at Office this 8th day of September 1832

A. Hanner
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Date of death not on ap

in Captain James Barnett's Company, Colonel Dabney's Virginia Regiment; and in the summer following, served one month in Captain Taliaferro's Company, Colonel Merriwether's Virginia Regiment.

In 1789, John Montgomery moved from Amherst County, Virginia, to the state of Kentucky.

He was allowed pension on his application executed October 8, 1833, while residing in Adair County, Kentucky.

There are no data as to soldier's family.


John Montgomery
S. 9042
The data furnished herein are obtained from the papers on file in Revolutionary War pension claim, S.9042, based upon the military service of John Montgomery in that war.

John Montgomery was born in Lancaster County, Pennsylvania, date not given, and in 1767, moved with his father to Guilford County, North Carolina; the name of his father was not given.

While residing in said Guilford County, he volunteered the latter part of the year 1780, served about a week as private in Captain Bell's North Carolina Company, and went on an expedition against the Tories: about the first of the year, 1781, he enlisted and served about two weeks as a private in Captain McReak's Company, under Major Blair in the North Carolina Troops and was again out against the Tories: later, date not given, he served about nine or ten weeks as a private in Captain Forbes' Company under Colonels Paisley and Martin in the North Carolina Troops; in September following year not stated, he enlisted and served three months in Captain Stewart's Company, Colonel Martin's North Carolina Regiment.

He was allowed pension on his application executed August 24, 1832, while residing in Guilford County, North Carolina.

There are no data in regard to soldier's family.

Very truly yours
A. D. HILLER
Assistant to Administrator.

Date of death no on ap
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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of John Montgomery, which require further proof or explanation.

I. Does the declaration show where the applicant resides?
II. Did the declarant make the declaration in the county where he resides?
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?
IV. Has the declarant mentioned the period or periods of the war when he served?
V. Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amout of pension he is entitled?
No
VI. Has he given the names of the officers under whom he served, in conformity with the regulations?
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?
VIII. Has the Court given their opinion?
IX. Has the Clerk given his certificate?
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?
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XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?
No they merely state that they believe him to be 69 years of age
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV. If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? No
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
XVI. Are the papers authenticated as the regulations direct?
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?

EXPLANATORY NOTES.
QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For__year__months and __days. I served as a __. for __months and __ days, I served as a __; and for such service I claim a pension."
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3 
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. 

QUERE XIV. PROOF OF SERVICE. 
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the 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. 

QUERE XVI. 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.
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North Carolina
Guilford County 

Be it known that on this 4th day of February A.D. 1833 personally appeared before [illegible] A Mcbane an acting Justice for the County aforesaid John Montgomery, and made the following affidavit by way of amendment to [illegible] the preceding declaration and on his oath 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 six months a private volunteer.

Subscribed and sworn to this day and year aforesaid
J A Mcbane
John Montgomery

North Carolina
Guilford County 

I Marshal McLane an acting Justice in and for the County of Guilford hereby certify that I am well acquainted with John Montgomery aforesaid-that he is a credible person-that he is reported and believed in his neighbourhood that he was a soldier of the revolution and that I concur in that opinion
February 4th 1833
Marshall McLean
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February 4th 1833
North Carolina
Guilford County

I Wm Paisley a Clergyman of the County and State aforesaid hereby certify that I am well acquainted with John Montgomery mentioned in the preceding declaration - that he is a credible person that it is reported and believed in the neighbourhood where he resides that he was a soldier of the revolution and that I concur in that opinion.

Subscribed

J. A. Mcbane
William Paisley Pastor-

I John A Mcbane Justice as aforesaid hereby certify that I am well acquainted with Andrew Donnell, John Schoolfield, and John Montgomery mentioned above, that they are credible persons and that their statement is entitled to credit.

February 4th AD 1833
J. A. Mebane
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North Carolina
Guilford County

I Wm Adams an acting Justice in and for the County of Guilford hereby certify that I am well acquainted with Andrew Donnell and John Montgomery mentioned in the preceding declaration - that they are old men (and Donnell a very old man), are credible persons and that their statement is entitled to credit.
February 4th AD 1833
William Adam

North Carolina
Guilford County

I Geo. Albright an acting Justice in and for the County of Guilford hereby certify that I am well acquainted with Andrew Donnell and John Montgomery mentioned in the preceding declaration that they are credible persons and that their statement is entitled to credit.
G. Albright
February 4th AD 1835

I Jonathan Parker Justice for the County of Guildord hereby certify that I am well acquainted with Andrew Donnell and John Montgomery mentioned above that they are credible persons and that their statement is entitled to credit.

February 4th 1833 
Jonathan Parker
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I certify that I am well acquainted with Andrew Donnell [illegible] know him to be a credible person [illegible] I further certify that John Montgomery is a credible person I well know [illegible] McLean John A. Mcbane Jonathan Parker a William Adams whom all justices of the Peace in Guilford Cty NC

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Greensboro NC