Revolutionary War Pension and Bounty Land Warrant Application File S. 18502, for Patrick Mc Can, Pennsylvania
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Penn.     McCan Patrick        S18502
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Virginia 16.894
Patrick McCan
Lewis in the State of Virginia
who was a private and sergeant in the [blank] commanded by Captain [blank] of the regiment commanded by Col. Broadhead in the Pa. line for 2 years.
Dropped from roll March 16, 1831
See Va Agency Book
Fraud
Inscribed on the Roll of Virginia at the rate of 95 Dollars [blank] Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 12 day of Oct 33 
and [blank]
Sent Hon. Lewis Maxwell, Weston Lewis Co.
Arrears to the 4th of Sept 1833, 237.50
Semi-annual allowance ending 4 Mar 1834: 47.50
$285.00
Revolutionary Claim,
Act June 7, 1832.
Recorded by Nath. Rice, Clerk
Book E Vol. 6 Page 24
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Report in
Patrick McCan's
pensioner
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Lewis County
Patrick McCan, Pensioner
Christopher Nulter, aged 74 years, has known Patrick McCan for 49 years. At that time to wit in 1785, he, McCan, settled in this country, then a lad 12 or 13 years old. That McCan can't be older than sixty-two years.
William Porins, aged 91 years, has known Patrick McCan since 1785. In that year, he, McCan, lived in a place belonging to Porin's father, that he was then young, entirely too young to have been in the Revolutionary War. Porins says McCan is fond of talking and especially about himself. Never heard him say that he served in the Revolutionary War. That McCan is an Irishman, and had a brother killed in the Revolutionary War
Adam Flecher, aged 72 years, fully concurs in the statement above made by William Porins in reference to McCan.
Respectfully Reported,
W. G. Singleton
Special Agent
July 1834
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Rev. War Section.
May 18, 1914.
Mrs. D. B. Hayler,
Milton, Iowa.
Madam:
In response to your letter of the eleventh instant, you are advised that from the records of this Bureau it appears that Patrick McCan, S.18502, of Lewis County, Virginia, was allowed a pension of $95. per annum for two years' service in the Revolution as private and Sergeant in Colonel Broadhead's regiment, on a certificate which issued October 12, 1833, but his name was dropped from the pension roll March 16, 1835, for the reason that upon an investigation of the claim by the United States District Attorney of Virginia, it appeared that said Patrick McCan was too young to have served in the Revolution, being not more than 12 or 13 years old in 1785.
The above noted is the only Patrick McCann or McCan found on the Revolutionary War records of this Bureau. Said records fail to afford any information in regard to Robert, Judy and Daniel McCann or McCan described by you.
Very respectfully,
G.M. Saltzgaber
Commissioner.
Sent through desk of
Mr. John Grinstead
Clerk in Board of Review
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18502
INVALID
File No. 18,502
Patrick McCan
Sergt Rev War
Act: June 7" 32
Index: Vol. I, Page 249
(Arrangement of 1870)

1914 Feb. 16. Hist to Jos M. Kellogg
1914 May 18. Hist to Mrs. D. B. Hayler of Milton, Iowa, upon the personal request of John Grinstead of the Board of Review
1915 May 11. Jos. M. Kellogg notified no family data, that this is the only Patrick McCann and that dropping was based on report of U.S. District Attorney.
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Urbana, Illinois, May 6, 1915.
Commissioner of Pensions,
Washington, D. C.
Dear Sir:
In a letter dated February 18, 1914, replying to my letter of inquiry of February 7, 1914 in regard to the Revolutionary war record of one Patrick McCann of Lewis County, Virginia, you wrote: "Patrick McCann of Lewis County, Virginia, was allowed a pension of $95. per annum for two years' service in the Revolution as Private and Sergeant in Colonel Broadhead's regiment, on a certificate which issued October 12, 1833, but his name was dropped from the pension roll March 16, 1835, for the reason that upon an investigation of the claim by the United States District Attorney of Virginia, it appeared that said Patrick McCan was too young to have served in the Revolution, being not more than 12 or 13 years old in 1785."
This information seemed somewhat strange to me at the time and since then I have been making some investigations along this line. I find that Mary McCann, my great grandmother, who was a daughter of said Patrick McCann, was born in Lewis County, Virginia, June 22, 1788, and as far as one can trust family tradition, she was not the eldest child by any means of said Patrick McCann and Hannah his wife. It would of course be impossible for her to have been the child of one Patrick McCann who was not more than 12 or 13 years of age in 1785.
Further, I had an interview with one Mrs. Mary Bennett Hagler
[Seal: U.S. Pension Office D May 10 1915]
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of Milton, Iowa, who remembers old Patrick McCann well as living at her mothers in Randolph County, Va. during the years 1850 to 1855, when he was a very old man indeed, over ninety years of age at any rate. (She gives a conservative estimate. Others speak of him as being over 100, etc., but probably that is an exaggeration.) Mrs. Hagler is a great granddaughter of Patrick McCann.
All this simply strengthens what was more vague tradition as to said Patrick McCann, and leads me to wonder if there was not some mistake in regard to this pension matter. By great grandmother, Mary McCann, is thought to have had a brother Patrick McCann, and hence a son of old Patrick. Possibly the two became confused in some way.
Now what I should like to know is whether you have their in the record of this case any further account of say the evidence upon which the district attorney based his report as to Patrick McCann's not being old enough to fight in the Revolutionary War. (In the record, as you gave it to me, the name is spelled with one n, but in the family the name has been spelt both ways interchangeably.)
I should like very much to get this matter straightened out and my great-great grandfather's record cleared if possible. I shall be very grateful for any information you can give me in regard to this matter.
Yours respectfully,
Joseph M. Kellogg
University Club, Urbana, Ill.
[Seal: U.S. Pension Office D May 10 1915]
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DEPARTMENT OF ARCHITECTURE
UNVERSITY OF ILLINOIS
URBANA, ILLINOIS
February 7, 1914.
Commissioner of Pensions,
Washington, D. C.
Dear Sir:
Will you kindly send me the military record of Patrick McCann, a Revolutionary pensioner from Virginia. He was placed on the Pension Rolls Oct. 12, 1833, I believe, from Lewis County, Virginia. Patrick McCan was my great grandfather.
Yours very truly,
Joseph M. Kellogg
40 Engineering Hall.
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Rev. War Section.
February 18, 1914.
Mr. Joseph M. Kellogg,
402 Engineering Hall,
University of Illinois.
Urbana, Ills.
Sir:
In response to your letter of the seventh instant, you are advised that from the records of this Bureau it appears that Patrick McCan of Lewis County, Virginia, was allowed a pension of $95. per annum for two years' service in the Revolution as Private and Sergeant in Colonel Broadhead's regiment, on a certificate which issued October 12, 1833, but his name was dropped from the pension roll March 16, 1835, for the reason that upon an investigation of the claim by the United States District Attorney of Virginia, it appeared that said Patrick McCan was too young to have served in the Revolution, being not more than 12 or 13 years old in 1785.
Very respectfully.
G M Saltzgaber
Commissioner.
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Rev. War Section.
May 11, 1915.
Mr. Joseph M. Kellogg,
University Club,
Urbana, Ills.
Sir:
In response to your letter of the 6th instant, you are advised that you were furnished the history of the only Revolutionary War soldier named Patrick McCan (or McCann) found on the records of this Bureau and there is no data on file as to his family.
The report of the U. S. District Attorney relative to the age of said Patrick McCan constitutes the only evidence upon which the pensioner was dropped from the pension roll in 1835. It is based on the statements of three residents of Lewis County, Virginia, and was accepted as final by the Pension Bureau which is therefore unable to aid you after this great lapse of time in deciding the merits of the report.
Very respectfully,
G M Saltzgaber
Commissioner.
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WAR DEPARTMENT
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will show what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: }). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of [blank]
Period when the service was rendered. | Duration of the claimant's service. (Years, Months, Days) | Rank of the claimant. | Names and rank of the Field officers under whom he served. | Age at present, and place of abode when he entered the service. | Proof by which the declaration is supported.
I am, respectfully,
Your obedient servant,
J L EDWARDS,
Commissioner of Pensions.
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REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army,
and to include under the terms "Continental Line," "State troops," "militia" and "volunteers, all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c, Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval Service.
4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, mucicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record,
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory or District of ss.
County of
On this day of personally appeared (a) before
A.B. a resident (b) of in the county of and State, Territory or District
of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed
June 7th, 1832. That he enlisted in the Army of the United States in the year (d), with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [stamp of a hand] This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid. A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I
of the Court of
do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this
day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be  years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A.B. who has signed the preceding certificate is a clergyman, resident in the  and that C. D., who has also signed the same is a resident in the  and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of  do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of  for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of & c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
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3
alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6. To a Soldier: Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? To an Officer: Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons--one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.

(a) The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
(b) The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
(c) The age of the claimant must invariably be mentioned.
(d) The declarant must mention the period or periods of the war when he served.
(e) Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades: For [blank] year [blank] months, and [blank] days, I served as a [blank]. For [blank] months and [blank] days, I served as a [blank]; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case be clearly shown under what officers the applicant served; the duration of each term of engagement the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
(f) The law makes the relinquishment indispensable.
(g) The opinion of the Court is always required.
(h) The Clerk must give his certificate in every case.
(i) The Clerk must affix his seal, and it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
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.
The notes from (a) to (i) are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note (j) applies to continental troops only.
(k) This traditionary evidence is indispensable in militia cases.
(l) If a witness cannot be found, the declarant must state the fact.
(m) The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
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There not being sufficient time to take copies of the papers in this case, the original sent to W. G. Singleton, U.S. District Attorney, Virginia
Aug. 9. 1834