Revolutionary War Pension and Bounty Land Warrant Application File W. 9559, for James Mc Millan, South Carolina
Page 1

(8-1776)
SERVICE
S.C.

McMillan, James
Rachel

NUMBER
W. 9559

CONTENTS
Page 2

9,221
South Carolina 
Rachel McMillan decd.
widow of James SC
who was a priv. of Cavy. 
in the Revolution
Inscribed on the Roll at the rate 
of 100 Dollars -- Cents per annum, to commence on the 4th day of March, 1843 & ending 25 Oct. 1844.
Certificate of Pension issued 
the 27 day of May '52
and sent to M. Thompson Prest.
Acts of March 3, 1843, & June 
17, 1844
Recorded in Book A Vol. 2 Page 167

M Thompn June 15/53
Richard H Clarke 12 1854
Page 3

23,964
South Carolina
James McMillan 
of Chesterfield in the State of So Ca
who was a pri. cav in the _ commanded by Captain _ of the Rgt commanded by Col Horry [Lieutenant Colonel Peter Horry] in the So Car line for 2 years
Inscribed on the Roll of South Carolina at the rate of 100 Dollars _ Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 8th day of May '34 and sent Wm. H. 
Robbins Cheraw So Ca
Arrears to the 4th of Mar. 34 300
Semi anl allowance ending 4 Sept 50
= $350
Revolutionary ClaimAct June 7, 1832. 
Recorded by Nath. Rice Clerk, 
Book E Vol. 6 Page 76.
Page 4

13,271
Feb. 24, 1847
decd.
Rachel McMillan,
July 7, 1838

Hon A. D. Sims
H. Reps.

Feb 24 '47
Page 5

The State of South Carolina, Cheraw District
On this the seventeenth day of February one thousand eight hundred and forty seven personally appeared before me David S. Harllee Commissioner in Equity in and for the District aforesaid, Sarah Pervis, daughter of James and Racheal McMillan, late of Chesterfield District in the State aforesaid deceased, a resident of the District last aforesaid aged above sixty years who being duly sworn doth on her oath make the following declaration in order to obtain the benefit of the provision made by the Act of Congress passed 7th July 1838 entitled "An Act Granting Half Pay and Pensions to Certain Widows" also the benefit of the Acts of 3rd March 1843 and
17th June 1844. 
That this declarant the aforesaid Sarah Pervis in behalf of herself and of Mary Owens wife of Bryant Owens, John McMillan and James McMillan children of the aforesaid James
McMillan and Rachael McMillan deceased, states that James McMillan husband of Rachael
McMillan was a private soldier in the War of the Revolution as the children understand and as such he served the United States against the common enemy and was allowed a pension under the Act of 7th June 1832 at the rate of One hundred dollars per annum; that the aforesaid James McMillan was married to Rachael Chisholm in the year one thousand seven hundred and eighty
_ and as husband and wife they lived together until the death of the said James McMillan who departed this life in Chesterfield District South Carolina on the eighteenth day of August one thousand eight hundred and thirty seven (1837) and his widow the aforesaid Rachael
McMillan departed this life in Chesterfield District South Carolina on the twenty fifth day of October one thousand eight hundred and forty four never having again married after the decease of her husband the aforesaid James McMillan.
The declarant further on oath states that there was no family record kept by the said James and Rachael McMillan of their intermarriage or of the birth of their children.
This declarant further on oath states that there were three children the issue of the marriage of the said James and Rachael McMillan older than her, this declarant all of which three said children departed this life before the decease of the said James and Rachael McMillan and that this declarant and the aforesaid Mary Owens, John McMillan and James McMillan are
Page 6

are the only surviving children of the said James and Rachael McMillan.
Sworn to before me this seventeenth } Sarah her X mark Pervis
day of February A. D. 1847 }
DS Harllee CEC.d

And I the said David S. Harllee Commissioner in Equity in and for Cheraw Dis
trict aforesaid do hereby certify that it was shewn [shown] in evidence to my satisfaction that 
James McMillan named in the foregoing declaration died at his late residence in 
Chesterfield District South Carolina on the eighteenth day of August one thousand 
eight hundred and thirty seven (1837); and that his widow Rachael McMillan died 
in the said District on the twenty fifth day of October one thousand eight hundred and 
forty four (1844) leaving the following children her surviving viz. Sarah Pervis wife 
of John Pervis, Mary Owens wife of Bryant Owens, John McMillan and James Mc
Millan all of lawful age; and that the said Sarah Pervis the declarant is a person 
to whose statements full faith and credit are due. February 20th 1847.
D S Harllee
C.E.C.D
Page 7

The State of South Carolina 
Chesterfield District } On this fourth 
day of April Ammo Domini one thousand eight hundred and fifty four before me Kenan T Morgan a Justice of the Peace authorised to administer oaths in and for the District and State aforesaid comes John Gullage and his wife Ann, John Adkison and his wife Rachel, Mary Thompson, Sarah Thompson, James Thompson, Samuel Thompson, and say on oath that they are all with the exception of the said John Gullage and John Adkison, the children lawfully begotten by Samuel Thomson on the body of Isabella McMillan the daughter of James McMillan who was a soldier in the Revolutionary war, and for whose services therein his children John and James McMillan and Sarah who intermarried with John Pervis and Mary who intermarried with Bryant  Owens have already received from the United 
States Government their proportion of his pay or other bounty, but the heirs of his deceased son Alexander, and his daughter Nancy who 
intermarried with one Colin McMurphy, with the parents of these deponents have never yet received anything or made any application therefor. These deponents further 
say that the said Isabella McMillan the wife of the said Samuel Thompson departed this life about the eighteenth day of January 
in the year 1838, that their father 
Samuel Thompson is still alive and with all of them resident in the District and
Page 8

and State aforesaid and will unite in this ap
plication that the only heir of Alexander 
McMillan lives in Florida if alive at all 
and Nancy McMurphy if still alive is 
in Alabama.  These deponents further say 
that those children of the Revolutionary soldier 
James McMillan who received bounty from 
Government received it upon an application 
in their own names as deponents suppose 
because they were then all alive. 
Deponents further say that they are the only 
children of said Isabella McMillan 
deceased.

They make this application for the pur
pose of obtaining the bounty, pay, extra pay 
and such other benefit as may be due to 
them by the government in consideration of 
the services of the said James McMillan 
their grandfather.  John his X mark Gullage 
Ann Gullage 
John his X mark Adkison 
Rachel her X mark Adkison 
James his X mark Thompson | Mary her X mark Thompson
Samuel his X mark Thompson | Sarah her X mark Thompson
Sworn to and subscribed before me I 
having no interest in the said claim or its 
prosecution. K.T. Morgan Magistrate 

We have read the above application 
and certify on oath that so far as the 
heirship of deponents is concerned it is 
strictly true. Alexander Linton 
K T Morgan Magst | Alexander Bevill
Page 9

I Samuel Thomspon the husband of 
Isabella McMillan deceased do consent to 
the above application.
Before me | Samuel Thompson
K. T. Morgan

The State of South Carolina }
Chesterfield District } Know all men by 
these presents that we John Gullage, Ann Gullage, 
John Adkison, Rachel Adkison, Mary Thompson, 
Sarah Thompson, James Thompson and Samuel 
Thompson do nominate constitute and appoint 
Richard H Clarke Esqr of Washington City District 
of Columbia our lawful attorney for us and 
in our name to prosecute and collect all 
such claims as we may have for bounty or other 
pay for the service of James McMillan in 
the Revolutionary war from the governm
ent of the United States.  John his X mark Gullage 
Before me Apl 4 1854. | Ann Gullage 
K. T. Morgan Magst | John his X mark Adkison
(over)
Page 10

Rachel her X mark Adkison } Signed before me Aprl 4
Mary her X mark Thompson } 1854 K T Morgan
Sarah her X mark Thompson }
James his X mark Thompson }
Samuel his X mark Thompson }

South Carolina }
Chesterfield District } I J. C Craig Clerk of 
the Court for said district do certify that 
K. T. Morgan before whom the foregoing 
affidavits & certificates were signed was at 
the dates thereof an acting magistrate 
in & for said district duly appointed and 
qualified and that his signature there
to is genuine.
Given under my hand & 
seal of office this 4th 
Sept. 1854
J. C Craig
Clk

[Written vertically right margin]

Application of certain 
heirs of Jas McMillan 
a Revolutionary soldier 
for their share of pen
sion other heirs hav
ing previously applied 
& received-not joining 
their application [illegible]
applicants.

Presented by 
Richard H. Clarke
Atty.
Present
Page 11

State of South Carolina }
Cheraw District }

Personally appeared before 
me James W. Burns and made oath that he 
was acquainted with James McMillan & Rachel 
McMillan in this life time and that this deponent 
is a carpenter and made the coffins of the said 
James McMillan & Sarah McMillan and on 
reference to the charges from this deponents books 
he finds that, James McMillan died the 18th day 
of August 1837 and that the widow Rachel 
McMillan died the 25th of October 1844.
Sworn to before me } J W Burns 
this 20 Feby 1847 }
D. S. Harlllee 
CECD
Page 12

State of South Carolina }
Cheraw District }

I David S Harllee 
Comsr. in Equity for Cheraw District do 
hereby certify that I am acquainted with 
James W Burns and that all due faith 
& credit ought to be paid to his assertions 
& affidavit
Feby 20th 1847  D. S. Harllee
C.E.C.D.
Page 13

State of South Carolina, Chesterfield District }
Personally appeared in open Court before the Honorable Josiah J. Evans in the Court of Common Pleas for the said district on the 4th day of March Anno Domini 1834 James McMillan
who being duly sworn saith that he was born in Scotland in the Kingdom of Great Britain on the 10th day of February Anno Domini 1753. He came to the United States about seven years before the destruction of the Tea at Boston, whilst he was still a boy. He landed at Wilmington in the
State of North Carolina and resided in Cumberland County in that State until after the Revolutionary War had commenced. From thence he removed and settled near the state line in Anson County North Carolina. Soon after this he was drafted in the militia and was at Gates' [General Horatio Gates] defeat [Battle of Camden] near Camden under the command of Captain James Farr. From thence he removed across the line
Page 14

 into Chesterfield District in the State of South Carolina where he has resided ever since. Soon after his removal unto South Carolina but
at which particular time he is unable here to recollect, he enlisted under Capt. White as a private in [Lt.] Col. Peter Horry’s Cavalry for the term of two years and a half in the State Troops. He remained in the service during the whole period of his enlistment under the command of General Marion [Francis Marion] and was discharged at Bacon’s Bridge near Charleston by a written discharge which he preserved for many years but it was lost about 10 years ago. This discharge was placed in a bundle of land papers which were delivered to a surveyor to locate a tract of land then in dispute and never returned nor has he been ever able to get possession of either his land
papers or his discharge since. During the period of his enlistment as aforesaid he was at the battle of Eutaw [Eutaw Springs] under the command of Marion and Horry and received a bayonet wound through the thigh. He has no record of his age nor has he any other knowledge of it except that according to the account given him many years ago by his
parents, he was eighty one years old on the 10th of February last.
He is illiterate & unable to read writing so as to distinguish one paper from another.
Page 15

For that reason the whole bundle of his valuable papers was delivered to the surveyor to select out of them such as he wanted. He has no recollection of any officers of the Continental Army nor does he recollect having served with any of them except at Eutaw where General Green [Nathanael Greene] Commanded except stated under Gates. In addition to his great age he has been for several years afflicted with palsy which has so impaired his memory that his recollection of dates is almost wholly destroyed. He is therefore unable to state either the time of his enlistment or the period of his discharge or the names of the subordinate officers of the corps
to which he belonged and your petitioner hereby relinquishes all claim to a Pension or annuity except the present and declares that his name is not on the pension roll of the Agency of any State.
Sworn to in open Court 4th March 1834
James McMillan, X his mark
S/ John Craig CCC Pleas

We Joseph Ellerbe, Aaron Copeland, James Ellerbe all citizens of Chesterfield District aforesaid do certify that we are well acquainted with James McMillan who has subscribed & sworn to the above declaration that we believe him to be eighty one years of age that he is 
reputed & believed in his neighborhood to have been a soldier 
of the Revolution & we concur in that opinion & we further bear witness that he has always sustained the 
character of an honest man & good citizen. Sworn to & subscribed the 4 March 1834. Joseph Ellerbe, 
Aaron Copeland, James Ellerbe
s/ John Craig C.C.Pls
Page 16

And the said Court do hereby certify its 
opinion after the investigation of the matter 
& 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 Joseph Ellerbe, Aaron Copeland 
& James Ellerbe are credible person and their 
statement is entitled to credit & further that 
there is no clergyman living near to the 
said applicant
Josiah J. Evans, P.J.
4th March 1834

[Written vertically across the page]

30,732
James McMillian
So Ca

Admitted [illegible] So Ca
private cavly 2 years
$100.--

Wm H. Rollins
Cheraw S Ca

I Josiah J Evans one of the Circuit Judges 
of the said State & the presiding Judge at the 
Court aforesaid, do hereby certify that I was 
the counsel of the within named James 
McMillan in an action involving the [illegible]
to land. That long before the passage of 
the Act of & June 1832 I have heard the said 
McMillan make the same statement as is 
contained in this declaration about the loss 
of his papers & that I assisted him to [illegible]
the defect of his land bills by procuring copies 
from the public offices. I have known the 
applicant many years & he has always been 
the character of an upright man, & is reputed 
in his neighbourhood [neighborhood] to have been a soldier 
of the Revolution
Josiah J. Evans

I, John Craig Clerk of the said Court 
do hereby certify that the foregoing 
contains the original proceedings of the 
[Blurred seal of office] said Court in the matter of the applica
tion of James McMullin for a pension
In testimony whereof, I have hereunto 
set my hand & seal of office this 5th 
day of March 1834
John Craig C.C.P.
Page 17

Revy WIDOW, &c.

File No. 9559 
Rachel McMillan 
Wid
James McMillan 
Privt Rev. War

Act: March 3rd 1843
June 17" 1844
Index:--Vol M, Page 21

[ Arrangement of 1870. ]
Page 18

✓ 13,271
_____
Letter to Hon A. D. Lewis
5 March 1847.
Let to Hon. D. Wallace 
April 21, '49
Let to M. Thompson 26/51
___
Act-7 July-1838
Page 19

11,331
South Carolina 

Rachel McMillan decd.
widow of James 
who died on the [blank]
of [blank] in the State of [blank]
who was a priv. of Cavy in the [blank]commanded 
by Captain [blank] of the [blank] commanded 
by [blank] in the 
line for Revolution

Inscribed on the Roll of Charleston 
at the rate of 100 Dollars -- Cents 
per annum, to commence on the [struck out: 4th day of 
March 1836.] 18, August 1837 
& ending 4, March 1841

Certificate of Pension issued 27 day of
May 1852 and Sent to
M. Thompson

Arrears to the 4th of 
Semi annual allowance ending
====

{ Revolutionary Claim, }
{ Act July 7, 1838. }

Recorded by R. McRae Clerk 
Book D Vol. 1 Page 309
Page 20

South Carolina }
Chesterfield District }

Personally appeared Sarah 
Pervis daughter of James and Rachel McMillan 
late revolutionary pensioner of the United States 
of Chesterfield District South Carolina deceased 
on oath declares in addission [addition] to her former 
statements in relation to Rachel McMillan 
claim of pension 7th day July 1847 that she 
has been informed and believes that her  
father and mother the above named James 
and Rachel McMillan where [were] married in 
Montgomery County N. C. in 1781 or 82 eighty two 
that her mother was robed [robbed] several times by the tories 
during her fathers absence in service that on 
one occasion all her bed cloaths [clothes] and wearing 
apparrel [apparel] were carried off by the tories one of 
whom drew a sword and threatened to kill 
her if she would say a word which fact she 
has often heard narrated by her parents and 
other revolutionary soldiers and neighbors say 
all of which declarant verily believes and that 
[struck out: Sworn] her brothers John and James McMillan 
and Mary Owens her sister are all still living
Sworn to and subscribed } 
before me this the 20th day October } Sarah her X mark Pervis 
A. D. 1851 A. Sidney Douglas }
Magistrate
Page 21

I the said Magistrate do hereby certify that 
I am well acquainted with the witness Mrs Sarah Pervis 
who has sworn to and subscribed the within and 
to her statements is due full faith and credit 
Given under my hand the } A Sidney Douglas Magistrate 
day and year above writin [written] }
Page 22

South Carolina }
Chesterfield District } On this 14th 
day of February 1853 before me person
ally appeared Sarah Pervis a resident 
of said District aged 67 years who 
being first duly sworn according 
to law doth on her oath make the 
following declaration in or to obtain 
the benefit of the provision made 
by the act of Congress passed 4th 
July 1836 entitled an act granting 
half pay and pensions to certain 
widows. That she is the daughter 
of Rachel McMillan widow of 
James McMillan Revolutionary 
Pensioners at the rate of one 
hundred dollars per annum both 
now deceased and would refer 
the department to the proof now 
on file in this case 

That at the time she made 
the first declaration she had no 
record of the mariage [marriage] of her father 
and mother or the birth of their chil
dren and the mariage [marriage] record of 
Montgomery County N.C. was 
burnt with the Court House she has 
been informed and always un
derstood that her father performed 
several tours of duty in the mili
tia after his said mariage [marriage] to 
which she now respectfully asks 
the attention of the department 

That she makes this declaration 
for the benefit of the surviving children 
of her said mother who have received
Page 23

her pension under act of 7th 
July 1838 all of whom are 
still living
Sworn and subscribed 
this the 14th day of February 1853 
and that she has always under
stood that her father and mother 
James and Rachel McMillan 
were maried [married] in Montgomery 
County N.C.  Sarah her X mark Pervis 
K. T. Morgan Magst

I the said Magistrate do hereby certify 
that Mrs Sarah Pervis who signed the above 
declaration is a lady of high & very impeccable 
character and her statements are entitled to full 
credence. Given under my hand this 14th 
day of February 1853 K. T Morgan Magst

South Carolina }
Chesterfield District } I, J. C Craig Clerk of the 
Court for said District do certify unto all whom 
it may concern that K. T. Morgan before whom 
the foregoing declaration was made and the 
certificate above written was at the date there
of an acting Magistrate in & for said district 
duly appointed & qualified & having signed the 
roll kept in my office and that his signature 
thereto are genuine
Given under my hand & seal 
of office this 15th Feb. 1853
[Blurred seal of office] J. C Craig Clerk
Page 24

South Carolina }
Chesterfield District } On this 24th day of November 
1851 personally appeared before me Wm 
R Griffith Judge of the Court 
of Ordinary for the District and State 
aforesaid,  Sarah Pervis daughter of 
James & Rachel McMillan late of Chester
field District deceased aged fifty six years 
who being duly sworn doth on her oath 
make the following declaration in order to 
obtain the benefit of the provision made by 
the Act of Congress passed 7th July 1838 
entitled an act granting half pay and pen
sions to certain widows. Also the benefit 
of the acts of 3rd March 1843 and 17th June 
1844. That this declarant the aforesaid Sarah 
Pervis in behalf of herself and the surviving 
children of the said James & Rachel McMillian 
deceased states that James McMillan hus 
band of Rachel McMillan was a private 
of Cavalry in the army of the Revolution 
as the children understand and believe and 
as such he served the United States against 
the common enemy and was allowed a 
pension under the act of 7th June 
1832 at the rate of one hundred dollars 
per annum that the aforesaid James 
McMillan was married to Rachel Chis
holm in Montgomery County North Carolina 
in the yeare [year] one thousand seven hundred 
and eighty one or eighty two (1781 or 2) and 
as husband and wife they lived together until 
the death of James McMillan who departed 
this life in Chesterfield District South Carolina
Page 25

on the eighteenth day of August one thou
sand eight hundred and thirty seven (1837) 
and his widow the aforesaid Rachel McMillan 
departed this life in Chesterfield Dist South Car
olina on the twenty fifth day of October one 
thousand eight hundred and forty four (1844) 
not having intermarried after the death of her 
husband the aforesaid James McMillan.

This declarant further says that there is no 
record of the marriage or births of the children 
of her said parents and would refer the De
partment to the proof of marriage now on 
file 
Sworn to and subscribed before me 
the day and year above written
W. R. Griffith O.C.D Sarah her X mark Pervis

And I the said Wm R Griffith 
Judge of the Court of Ordinary for 
the District and State aforesaid, which Court 
is a Court of Record do hereby certify that 
it has been shown in evidence to the satisfaction 
of the Court that James McMillan named 
in the foregoing declaration died at his 
late residence in Chesterfield District South Carolina 
on the eighteenth day of August one thousand 
eight hundred and thirty seven (1837) and 
that his widow Rachel McMillan died in 
said District on the twenty fifth day of October 
one thousand eight hundred and forty four  
(1844) leaving the following children her surviving 
viz Sarah Pervis, Mary Owens, John McMillan
Page 26

and James McMillan 
who are still living and are her only surviving 
children and all of lawful age. And that 
diligent search and inquiry has been made 
for the pension certificate of the said James 
McMillan without effect. And I further 
certify that the declarant, Sarah Pervis is 
a lady to whose statements full faith and 
credit are due.

In testimony whereof I have here
unto affixed my seal of office and subscribed 
my name at Chesterfield Court House 
on the day and year above written in 
open Court. W. R. Griffith O.C.D.
Page 27

13271
Rachel McMillan 
decd.
S.C.
Act 7 July '38
Page 28

The State of South Carolina }
Chesterfield District } 

Personally appeared 
Joseph Ellerbe who being duly sworn, on oath says 
he is about seventy years of age and has all his 
life resided in Chesterfield District South Carolina 
that he was well acquainted with James McMillan 
said to have been a Revolutionary soldier and with 
Rachael McMillan wife of the said James McMillan 
also with the members of the family he knew 
Daniel McMillan the older son of James & Rachel 
McMillan ever since said Daniel was a boy If 
he was now living witness thinks he would be about 
sixty years of age Know Mrs. Sarah Pervis & 
Mary Owens James McMillan & John McMillan 
are the children of the said James McMillan & 
Rachel McMillan deceased.
Sworn to before me } Joseph Ellerbe
this 17th Feby 1847 }
D S Harllee }
CECD 

State of South Carolina }
Chesterfield District } Personally appeared before 
me Elizabeth F Ellerbe who being duly sworn sayeth [saith] 
that she was well acquainted with James McMillan 
who was said to be revolutionary soldier and his wife 
Rachel McMillan, both now deceased That witness 
knew Daniel McMillan the oldest son of James & Rachel 
McMillan when a boy having gone to school with 
him in early life. If said Daniel McMillan was 
now living witness thinks he would be sixty or sixty 
one years of age Sarah Pervis Mary Owens John 
McMillan & James McMillan are the surviving children 
of the said James & Rachel McMillan Elizabeth F Ellerbe
Sworn to before me this 17 Feby 1847 }
D S Harllee CECD }
Page 29

I David S Hurllee Commissioner of Equity 
for Cheraw District do hereby certify that 
I am acquainted with Joseph Ellerbe and 
Elizabeth F. Ellerbe and that due faith and 
credit is due & ought it be paid to their 
assertions and affidavits
Feby 20th 1847 D. S. Hurllee
C.E.C.D.
Page 30

The State of South Carolina }
Chesterfield District }

Personally appeared John [illegible] who being 
duly sworn on oath says he is seventy five 
years of age past and has all his life 
resided in Chesterfield District South 
Carolina and that he was intimately and 
personally acquainted with James McMillan 
a revolutionary pensioner of the United States 
and also with Rachel wife of the said James 
McMillan and knew all their children.
Deponent was raised four miles distant from 
the said James & Rachel McMillan and has 
knowned [known] them from his first recollection 
and often visited their family from the 
time he the deponent was a small boy, say 
eight or nine years old, and well recollects 
that they had two or three children at that 
time the oldest of whom was called Daniel 
and that the said Daniel if now living would 
be sixty eight or seventy years of age.

The Deponent was always understood 
and believed that the said James & Rachel 
McMillan were married before the close 
of the war and has often heard the said 
Rachel telling of being robed [robbed] by the tories 
during of her husband absence in service
Page 31

that they pulled the bed clothes from under two of her children a whilst a drawn sword was over her own head threatening to split her down for interfering to prevent the robbery, and that he has also understand that they had two or three older children than Davis who died in infancy. That the above Statement was the common talk of the neighborhood when deponent can first recollect as well as
since and has never been disputed all of which the deponent verily believes
[signed] John Geer
Sworn to and subscribed before me this the 18th Oct 1857
A. Sidney Douglass Magistrate

South Carolina
Chesterfield District 
I, J. Craig Clerk of the Court for said District do hereby certify unto all whom it may concern that A Sidney Douglass whose names appears to the foregoing affidavit was at the date thereof an acting magistrate in and for said District duly appointed & qualified and that the foregoing signatures purporting to be his are genuine I further certify that the foregoing which are persons of the highest respectability

Given under my hand & seal of Office at Chesterfield Court House this 20th day of October A.D. 1857
J. Craig Clerk
Page 32

South Carolina
Chesterfield District
Personally appeared John Pervis a resident of Chesterfield District age Sixty nine years past who being duly sworn says that he was intimately and personally acquainted with James McMillian a revolutionary pensioner of the United States at the rate of one hundred dollars per annum and also
with his wife Rachel and their family applicants for a pension now due the said Rachel the wife and widow of the said James McMillan from the time this deponent was ten years old and was the school mate of Daniel McMillian son of the above named and is fully satisfied that the said Daniel and himself were about the same age and always understood that the above named parties had two children older than the said Daniel issue of their said marriage who died in infancy

Deponent has always understood and believes that the said James & Rachel McMillan were married
before the close of the war and has often heard the said Rachel McMillan say she was robbed by the Tories two or three times after they were married that on one occasion they pulled the bed clothes
Page 33

from under two of her infant children and when she attempted to prevent the robbery and officer drew a sword and threatened to split her down - that these statements were corroborated by others who knew the facts and have never been doubted
[signed] John Pervis
Sworn to and Subscribed before me this the 20th day of October 1851
A. Sidney Douglas Magistrate

I the said Magistrate do hereby certify that I am well acquainted with John Green and John Pervis who have sworn to and subscribed the above affidavits before me they are highly credible situsants [citizens] of said district and to their statements full faith and credit is due

Given under my hand the day above written and I do further certify that they are the age they
represent themselves to be
A. Sidney Douglas Magistrate
Page 34

Unionville SC
April 1st 1849
Sir,
I am requested to make enquiry as to the State of the claim to a pension of Rachael McMillan Widow of James McMillan of Chesterfield District S C

The claim in this case was presented by Genl Blakeny of Cheraw SC. - James McMillan was a
pensioner of the United States for Revolutionary service at $100 pr year - Will you have the kindness to Report this case to me at your earliest convenience

I have the honor to be
Your Obt Sert
D Wallace

Hon J L Edwards
Page 35

Washington Feby 4 1852
Hon. Jas E. Heath
Commiss of Pensions
Sir
In the case of Rachel McMillan, Widow of James McMillan who (the latter), was a pensioner at $100
per annum on the South Carolina Roll, I herewith enclose the original papers which were forwarded
for further authentication; also a declaration of recent date, together With important additional evidence (if if has been wanted) thus bringing the claim Within the rules and regulations of your department, as adverted to to in your official letter of 26th
Page 36

Sep. 1857 - The claim having been long delayed, and long pending in your office, your action
thereon, as early as practicable, will very greatly oblige the parties interested

I have the honor to be Most respectfully your obt. Servt.
M. Thompson

[below faint illegible text]
Page 37

Washington September 25. 1851
Hon James E. Heath
Sir,
James McMillan, of South Carolina, who received $100. per annum under act of 7th June 1832, died 18th August 1837, "leaving a widow whose marriage took place before the first day of January 1794", as shown by the testimony of Sarah Pervis, Joseph Ellerbe, Elizabeth Ellerbe & J. W. Burns, but on what precise day, or date prior to 1st day of January 1794, they are unable to say from memory, or from loss of memory; nor is it material under act of 7th July 1838, 3rd March 1843 & 17th June 1844, to know on what particular day or date, the marriage did occur provided you are satisfied that the "Marriage took place before the first day of January 1794", which is the language of the act. It need not be said that your rules & regulations require the very day
Page 38

2

& date of the marriage to be distinctly set forth; I 
repeat, that is not the language of the law, nor can it be  made any part of it. it is an arbitrary rule of the 
Department, and if adhered to, would in this case, 
operate injustice, defeat the plain and obvious intent and 
spirit of the law, and defeat a legal, meritorious, and 
just claim.

I beg leave herewith to refer you to the 
letter of A. S. Wallace, Esqr. of South Carolina, 
a gentleman of very high character, showing that 
record evidence cannot be deduced, because the records 
of the court in North Carolina where the marriage 
took place, have been burned.  The absence of 
primary evidence being thus satisfactorily accounted for, 
secondary evidence, such as is offered in this case, is 
admissible in law and in right reason.

Those who have 
testified in the case are shown to be of respectable 
character and entitled to belief. They state the 
circumstances which enable them to know that the 
marriage took place long before 1794, to wit, about 1781
Page 39

3

or 1782.

Here, then, are three or four disinterested, respect
ble witnesses testifying that the marriage took place 
from ten to fourteen years before 1794. They can 
not reasonably or possibly be mistaken upon a point of 
time embracing a period of ten or fifteen years, and 
that too with regard to events which occurred at a period 
of life, when all know that events, especially those of 
marriage &c, make the most vivid and lasting impressions 
upon the mind. I think it may be truly said that 
if there is any event, the period of which the memory 
clings to with more tenacity, and which it is last to 
surrender up, it is that of our own, and the marriage of our 
youthful associates and boon companions.

The witnesses advert to certain data, ses qutae, 
to the known and unerring events and circumstances of 
the times, which enable them to know, as they do, that 
the marriage took place ten or fourteen years before 1794.  

The law does not require you to know 
more;-more is unnecessary for you to know. You 
may these witnesses were probably mistaken, from
Page 40

4

the fact that they are unable to state the precise day 
or date upon which the marriage took place. They 
swear positively, that they are not mistaken.

Will you persist in the assumption that they 
are mistaken and that they have sworn falsely and been 
guilty of perjury and that too, in a matter in which 
they can have no real or imaginary interest or motive 
to misrepresent, or exaggerate, in the smallest degree?

If they had said the marriage took place 
but a short time before 1794, or that it took place about 
1792 or 3 you would even then be scarcely warranted 
in rejecting their testimony, for I think in such cases, 
the claimant should be entitled to the benefit of 
reasonable doubt. It is a grave imputation to 
suppose that respectable, disinterested, unimpeached 
and unimpeachable witnesses have sworn falsely, and 
unless you can come to the conclusion that the 
witnesses in this case have sworn falsely, this claim 
must be admitted.

If these same witnesses had testified 
that the marriage took place in the year 1794 or
Page 41

5

1795, you, I am sure, would not hesitate to believe 
them, and to reject the claim accordingly, and you would 
do right. But when they swear to ten or fourteen 
years on the other side, are they entitled to less credence?

To all intents and purposes these witnesses 
are as disinterested towards the claimant, as they are 
towards the government; you would consider them 
good witnesses for the government, but not equally 
entitled to belief, when their testimony operates to 
take a few hundred dollars from the public 
treasury under a law of Congress. "It is a bad 
rule that does not work both way.s"

It is an old maxim, that "men may lie, 
but facts and circumstances cannot." The witn
esses in this case swear from memory, and from 
facts and circumstances within their knowledge, 
that the marriage took place "long before 1794."

If they have sworn the truth, and nothing 
but the truth, this claim must be admitted.

Are you prepared by the rejection of this 
claim, to say they have sworn falsely? This is
Page 42

6

the compexion [complexion] to which it comes at last, disguise 
it as you may. I take your true position in 
this matter to be that of an umpire or impartial 
judge between the government and the claimant, 
and is it encumbered on you to step aside from your 
high position, take sides with the government, throw 
your mere presumptions in the scale, and by the 
exercise of a right, conferred by might, and not 
right, or reason, and make justice kick the beam?

I trust the time has not yet arrived when 
mere presumptions, unsupported by reason or rational 
inferences, are to outweigh solemn oath, corroborated 
by known facts and circumstances. These 
witnesses testify from memory, supported by given 
data, that the marriage took place about the 
year 1780, 1 or 2, a fact which tends to 
strengthen, rather than weaken their testimony; 
for had they testified with perfect accuracy as to 
dates, under the circumstances, suspicion might 
be entertained that it was a made up case, if 
suspicion could attach to the testimony of persons
Page 43

7

of the very high character which these witnesses are 
shown to be.

By reference to A. S. Wallace's letter, it 
appears from the evidence, that the marriage took place 
before the expiration of James McMillan's last 
term of service, but the burning of the records render
ing it impossible to state the precise date of the 
marriage, it was deemed sufficient to claim under act 
of 1838, and to show, as they have done, that the 
marriage took place "long before 1794." But for the burning 
of the records, record evidence would have been deduced, 
showing that the marriage took place before the expiration 
of his last term of service.

When three or four witnesses come forward 
and swear with a circumstantiality of detail, it 
certainly does not behoove you in a proper discharge 
of your official duties, to impute to them false 
swearing, whether knowingly, or willfully, or otherwise.

Were you a witness in their situation, I am 
sure you would expect to be believed.

According to the common law and equity
Page 44

8

rules of evidence, the testimony of any one of 
these three or four witnesses would be sufficient. 

At common law and equity, the testimony of 
a single witness is sufficient to establish any 
given fact. Persons are constantly being 
convicted of every description of crime and misde
meanor, upon a far less weight of circumstantial 
evidence than there is in this case. Persons 
are constantly being condemned, executed, and impris
oned for life, upon a far less weight of evidence 
that you will find on file in this case.

But I have trespassed too long on your 
time and attention. The case is too plain to 
require any reasoning or argument of mine. Upon a 
full, fair and searching examination of the evidence 
on file,  I am sure you cannot resist the conclusion, 
that this is a legal and valid claim.

I have the honor to be 
Most Respectfully Your Obt. Servt.

M. Thompson
Page 45

James E. Heath 
Septr 26, 1851
McMillan case
Page 46

Pension Office
Septr 26th 1851.

Sir:

In accordance with your request the 
papers in the case of Rachel McMillan have 
been examined and are herewith returned 
to you for proper authentication. The enclosed 
blank, regulations will shew [show] you the proper 
course of proceeding under the act of July 7, 1838 
You will perceive that the Declaration should 
be made in open Court before a Court of the 
[illegible], except in case of severe bodily infirmity 
when it may be made out of Court before a 
judge, who shall certify the fact of disability. 
The papers should be authenticated under the 
seal of the Court. There is no evidence in this 
office to shew [show] that a Commissioner in Equity is 
a Judicial officer or that if so he presides over 
a Court of Record. The Certificate of the Clerk 
of the County in which the marriage took place 
should be produced shewing [showing] that, as alleged, 
the record of marriages has been destroyed by 
fire.  The deaths of the parents and the dates 
thereof with the names of the children who sur
vived them should be certified under the seal of 
a Court of Record. When put into proper form 
the proof of the marriage will be satisfactory
Page 47

respectfully
yr obt Servt

J E Heath
Comr  of Pensions

M Thompson Esq
Washington D.C.

√
Page 48

Washington Feby 4 1852

Hon. Jas. E. Heath 

Sir

The foregoing is your 
official letter referred to 
in my letter to you of [words struck out] 
today, transmitting papers 
in the case of Rachel McMillan 
of So. Car. & which was accid
entally omitted.

I have the honor to 
be Yours &c

M. Thompson
Page 49


decd
Rachael McMillan
Widow of James
So C
Act 7 July 1838 &c
$100 per an from the
18 Augt 1837, when her hus
band died, to the 25 Oct
18[illegible] 4, the date of her death
(except 2 years.
Payable to
Sarah Pervis, Mary Owens
John McMillan &
James McMillan
only surviving children

M. Thompson
Present

Pension Office
May 27, 1852
Page 50

Brief in the case of Rachel McMillan, widow of James, 
[blank] County and State of South Carolina 
acts & July '38 &c.

Claim, ("original," or [struck out: "for increase]")

Proof exhibited, (if original.)

Is it documentary, traditionary, or supported by rolls? If either, state the substance.

Husband was a pensioner, evidence of 
marriage, parole and ages of children

(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?

Name and residence of Agent | Kirby 
M. Thompson, | Examining Clerk.
Present.
Page 51

Washington Mar 2nd 1852

Hon Jas. E. Heath
Commisr. of Pensions

Sir

I herewith inclose [enclose] 
evidence to bring the case 
of Rachel McMillan, widow 
of James, of South Carolina 
under act of 4th July 1836.

I have the honor to 
be &c

M. Thompson
Atty. for McMillan
Page 52

Rachel McMillan
revy claim

Jany 16 1837
Mr Cole

__
Ex. by M True
Page 53

House Reps. 31st Decr 1850

Honble. Jas E Heath }
Commisr of Pensions }

Sir 

I am requested to 
call up a claim for a pension of 
Rachel McMillan, widów of James 
McMillan, of South Carolina.

You will please report the claim 
to Col. M. Thompson as early as may  
comport with your convenience

Your Obt Srvt

H.McQueen
Page 54

Rachel Mc Millen
S C - -Act  28
____________
M.  Cole
[illegible]
see into this
Aug 23 1837
___________
Col Thompson
Page 55

Washington Aug. 22 1851
Sir
In the early part of the last session of Congress, the Hon. John M. [illegible] of South Carolina has requested by one of his constituents, Mrs. Rachel McMillan, widow of James McMillan of the Revolutionary War to cause an examination of the papers to be made in her case. He [illegible] accomplishing add
Page 56

=ressed you a letter at the period above stated requesting you to allow me to examine the papers on file in said case, inclosing (I believe) at the same time, his authority so to act in the [illegible]. The letter above described was written in my presence, [illegible] we placed in the congressional post office at the capital after period above stated but I have not [illegible] heard from it nor have I yet been able to obtain an examination
Page 57

of the aforesaid papers. Notwithstanding my repeated applications for that purpose.

Under these circumstances, I trust that you will as an act of justice to Mrs. McMillan, whose rights have been thus long delayed without any fault on [illegible] those acting for her. Allow me to examine the said papers as early as practicable.

I have the honor to be
Most respectfully your [illegible] [illegible]
Hon. J. E. Heath & M. Thompson
Page 58

Yorkville S.C. 15th Sept 1851
Sir
yours in relation to the Claim of Rachel McMillan of the 27. Aug last is before me and in reply
to the decision of the Commissioner of Pensions in the claim in relation to the marriage by a fair construction of the the testimony in relation to the Marriage, it is conclusively proven by tradition and personal knowledge founded and record of the witnesses own age which Record is certified by the magistrate that the marriage took place long before 1794 to wit in 81 or 82 - she left the declaration 178-

James McMillan done some three months service after his marriage in the south Carolina militia which is on record but as they were married in Montgomery County N.C. and had since and Court house of
Montgomery being burnt some years back with all the records
Page 59

and the family had no record 
of the marriage or births of the 
children I thought it best to 
not claim under act of 4th July 1836 
and ofered [offered] the proof now on file 
to bring the claim under act of 
7th July 1838.

I wish you would 
have the claim reexamined 
it would save me much troub
le. The Clerk of the Court of 
Montgomery County will certi
fy the records of that district 
was burnt.

I sent you two hund
dred and fity dollars which 
I suppose is safe to hand at 
this time.

If you have not got
out old Mrs M. D. Macleans 
claim push it by all means

The ballance [balance] of the claims 
of Floyd and Clark will 
soon be sent you

Let me hear from you 
soon. Truly your friend
A S Wallace

Col. M. Thompson
Page 60

April 23 1834
Pension Office
South Carolina
April 24 1834
Page 61

Sir
Enclosed I send you the de-
claration of James McMillan under the Pension Act of 1832 - and will be happy to hear whether in is in the proper form & what, if any thing else be necessary
Yours
Miriam [illegible] Robbins
17 April 1934
Cheraw S Carolina
Page 62

Washington Sept 9th1854.
Hon. L. P. Waldo, Commissioner of Pensions
Sir:
You will please find enclosed the application of John and Ann Galloy, John and Rachel Attison, Mary, Sarah, James and Samuel Thompson grandchildren of Jas Mc Millan, a Revolutionary soldier, a portion of whose heirs applied for and received a pension for his services, without joining in their application, there present applicants. These now come in as entitled by [illegible] and claim the show to which they are entitled by rights of their mother Isabella McMillan, married to Samuel Thompson, and now deceased. You will please give their application your attention
Very respectfully yours
Richard H [illegible]
Page 63

THE NATIONAL ARCHIVES
form VAM -51
12-4-41

Division of Veterans' Administration Archives

BOUNTY LAND WARRANT RECORD CARD*

NAME McMillan, John GRADE Private LINE New Jersey
WARRANT NUMBER 8537 ACREAGE 100 ISSUED December 16, 1799 to Jonas Crane, assignee

*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates.  Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.