Revolutionary War Pension and Bounty Land Warrant Application File S. 31,834, for Cornelius Malone, South Carolina
Page 1

(3-1776)

SERVICE
S.C.

Malone, Cornelius

NUMBER
S 31834

Born in S.C.
CONTENTS
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Alabama 13343
=========
Cornelius Malone
of Morgan Co in the State of Ala.
who was a Private in the Co. commanded
by Captain Starkes of the Regt commanded
by Col. Marshall on the South Carolina
line for 19 mos.
40.-
23.33
$63.33/100
=========
Inscribed on the Roll of Alabama
at the rate of 63. Dollars 33. Cents per annum
to commence on the 4th day of March, 1831.
=========
Certificate of Pension ifsued the 2d day of July '33
and sent to C W Peters
or G P Rice Somerville, Ala.
=========
Arrears to the 4th of March 33. 126.66
Semi-anl. allowance ending 4 Sept 1838 31.66
===
$158.32
===
d. Feby 5 1856
{Revolutionary Claim,
Act June 7, 1832.}
Recorded by Wm R Palmer Clerk,
Book E Vol. 8 Page 48
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8310

13343

Corns Malone
Morgan Coy
Ala

Adm 1 year and
7 Months private

Mr. W Peters or
Green P Rice
Somerville
Ala
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8310

BRIEF in the case of Cornelius Malone of Morgan Coy in the State of Alabama
(Act 7th June, 1832.)

1. Was the declaration made before a Court or a Judge? open court

2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?

3. How old is he? 74 years

4. State his service, as directed in the form annexed.

========
Period.
---
In 17
not stated
========
Duration of Service
---
Years, Months, Days.
about - 19 or 20 -
========
Rank.
---
As a Private
========
Names of General and Field Officers under whom he served.
---
Gen.
Col. Jno Marshall Regt.
Major Ballard 
Capt G Starks Cos.
O Watts + Nettle

So. Cara. Milia. Volunt.

5. In what battles was he engaged? none - but one or two skirmishes

6. Where did he reside when he entered the service? Cashaw Coy. South Ca.

7. Is his statement support by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? by two witnefses as to a part of his time, + the traditionary evidence of two others - the latter Certified to be credible persons

8. Are the papers defective as to form or authentication? and if so, in what respect? m not attached according to the regulations

X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.

E Stephens
Examining Clerk.
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An Amended Declaration
In order to obtain the benefit of the act of Congrefs of the 7th of June, 1832
State of Alabama}
Morgan County} ss. On this thirty first day of May before the Orphants Court of the County of Morgan aforesaid Cornelius Malone a resident of said County of Morgan State of Alabama, in open Court the Court now siting who had heretofore to wit on the third Monday being the 20th day of August 1832 in said Orphants Court of Morgan County filed an original Declaration of which this is an amendment doth on his oath make the following Amendment to his original Declaration to obtain the benefit of the act of Congrefs passed June 7th 1832 That he entered the service of the United States on the 20th of September 1780 under Captain Douglas Starkes and James Candy Leiutenant a volunteer and as private at Camden in South Carolina and from thence we were marched to [illegible] Ferry on Santee River where I was stationed and transfered to the command of Captain John Wats we were thence marched after I entered the service before I got to this station and remained at said station two months from which station I was marched to Orange Burg - in marching to Orangeburg and whilst remaining there was five weeks in service from Orangeburg I again was marched back to Camden again under the same officers in marching to Camden and whilst remaining there I served three weeks at which place I was permited to return home where I remained three weeks  I resided at that time ten miles from Camden in Cashaw County - I again returned to the service under the command of Captain William Nettes as a volunteer and a private in entered the service at
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Camden again the 10th of April 1781 I was marched to different states to wit to Kingstown and from thence to [illegible illegible] and  remained but a short time at any one place I served in this campaign three months being dismissed from service so well as I can recollect on the 10th July 1781 during these towers heretofore mentioned I joined no bodies of Regular Troops and no higher officer in command Col John Marshall and Major Ballard were [illegible] officers in command where I entered the service at [illegible illegible illegible] at the station over me than a Captain, I remained at home after the above tower one week and again jointed the Troops at Black River under the Command of Captain Gordon and was in Scouting Parties in pursuit of Torries for one month and then was marched to Camden where I returned home again and remained at Home seven weeks and then joined the Troops at Camden under the Command of Captain [illegible] in the first of September 1781 at which place last mentioned there was confined a large number of Torrie Prisoners and where he remained in service untill the first of July 1782 so well as this applicant can recollect that he served at this time ten months making his whole service for which he claims a pension ninteen months that from old age and lofs of memory he cannot swear positively as to the precise date of entering and leaving the service but according to the best of his recollection he served not lefs than the Periods above mentioned and for which he claims a pension - the applicant states that there is no Clergyman living near him or in his immediate vicinity who can state as to his age or to his being reputed a soldier of the revolution that he had produced before two of his County men who were respectable and both of whom were members of the state Legislature who could prove his age on thier belief and his reputation of being a soldier of the Revolutionary war - This applicant states there is no living witnefs by whom he
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can prove any of his services except William Malone and Charles Bailey who were previously sworn on his original declaration, that there is no Clergyman he can procure unlefs by going to another County of this state and then at great expense and this affiant is not able to get said witnefs to this Court to get his testimony - 
He states that he was born in Cershaw County in South Carolina in the Town of Camden on 17th of January 1759 - He states that he has no record of his age - He states that he is known to John F Rathen and Rheuben Chapman, who signed the original Declaration in his own neighborhood who can testify to his character for veracity and thier belief of his service of a soldier of the Revolution
Cornelius Malone
Sworn to and subscribed the day + year aforesaid
M M Mackenzie Clk C.C.

[illegible] I Charles W Peters Sale Judge of the Orphants Court of Morgan County do certify that William Malone and Charles Railey who were witnefses sworn in an original Declaration and whose evidence is attached thereto are dependitable persons and were sworn before me and the said Court do hereby declare thier oppinion 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 John F Rathen
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and Rheuben Chapman who signed the preceding certifficate are residents of the County of Morgan State of Alabama and Creditable persons and that thier statement are entitled to Credit and in the opinion of the Court said applicant cannot produce a Clergyman without two expense to him 
Given under my hand this 31st day of May 1833
Chas Peters Judge

I M M McKenzie Clerk of the Orphants court of Morgan County State of Alabama do hereby Certify that Charles W Peters is Judge of the Orphants court of Morgan County and that the foregoing is his genuine signature and that the foregoing contains the original Procedings and the Amended procedings of said Court in the matter of the application of Cornelius Malone for a pension
In testimony whereof I have hereunto set my hand and seal of office this 31st day of May 1833 and of American Independence the fifty seventh year
M M MacKenzie Clk T. S.
Page 9

Rev. & 1812 Wars Section
March 22, 1924

Mrs. Thomas B. Persons
Monticello Ga.

Madam:

I have to advise you that from the papers in the Revolutionary War pension claim, S.31835, it appears that Cornelius Malone was born January 17, 1759, in Camden, South Carolina.

While a resident of Kershaw County, South Carolina, he enlisted September 20, 1780, and served as private at various times until July 1, 1782, nineteen or twenty months in all, under Captains Douglas Starks, John Watts, William Nettles, and Cordon, and Colonel John Marshall, in the South Carolina Troops.

He was allowed pension on his application executed August 20, 1832, while a resident of Morgan County, Alabama. He died February 5, 1856.

There is no data on file as to his family.

Respectfully,
Commissioner
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8310
BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Cornelius Malone 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? No

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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2
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 Clergyman, but other

XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? none

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's name is not found on the rolls of military service, has he produced a witness
or witnesses as to his service? 
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? No
Has the proper officer certified to the official character and signature of the magistrate as the
regulations direct?

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? only in part-

XVI. Are the papers authenticated as the regulations direct? no

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And,
if not, which of them is not so answered? No 1st 2nd + 7th

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. Some persons who apply for pensions merely state they served two years in the militia, 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.

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 claimants 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 paper 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.

In every case where the clerk of the court, or other certifying officer, 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.
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REVOLUTIONARY WAR RECORDS SECTION. 3 -- 525
S. F. 31.34
DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS. Washington, D. C., 19__
In reply to your request of _____ received ______ a statement of the military history of Cornelius Malone a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.

DATES OF ENLISTMENT OR APPOINTMENT.
Sept. 20, 1780

LENGTH OF SERVICE.
various times 19 or 20 mos. until July 1782

RANK.
Pvt

OFFICERS UNDER WHOM SERVICE WAS RENDERED.
CAPTAIN.
Douglas Starks
John Watts
Wm Nettles
Gordon
COLONEL.
John Marshall

STATE.
S.C.

Battles engaged in, _____
Residence of soldier at enlistment, Kershaw. County S.C..
Date of application for pension, Aug 10. his cl was al
Residence at date of application, Morgan County Ala
Age at date of application January 17, 1759 in Camden S.C.
Died February 5 1836  from A.B.
Remarks: There is no data on file as to his family-

Respectfully,
Commissioner.

6 -- 2856
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Rev sec
5715 Blackstone Ave.
Chicago, Ills.,
June 11, 1919

Bureau of Pensions,
Revolutionary War Records Section,
Washington, D.C.

Dear Sirs,
I should be grateful to you if you would be so kind as to furnish me with statements covering such information as is in your possession regarding Moses Spivey Edgefield Co., S.C.), William Thornton
( Spotsylvania Co. Va.), William Malone ( Limestone Co. Ala.) and Cornelius Malone ( Morgan Co., Ala.), soldiers of the Revolutionary War, and their widows.

I am, Sirs,
Very truly yours,
Kemp Malone

[stamp]
US PENSION OFFICE
K JUN 13 1919
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31834
Rvy INVALID.
File 31.834
Cornelius Malone
Pri Rev War

Act: June 7" 32"
Index: --Vol. 2 
Page 256
[Arrangement of 1870.]

[right side]
19 July 8 Hist. to Kemp Malone
1924 Mar 22 Hist to Mrs Thomas B Persons
see letter filed in case of William Smith S.7534
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Declaration
in order to obtain the benefit of the act of Congress passed June 7th 1832

State of Alabama 
Morgan County 
at an Orphans Court of said County of Morgan, being a Court of Record of said County, on the 3rd Monday in August, being the 20th day of said month in the year 1832 Personally appeared in Open Court before the Judge of said Court now sitting Cornelius Malone a resident of said County & State of the age of Seventy four years the 17th January last, 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 U. States under the following named officers, and served as herein
stated. The field officers were Col John Marshall, and Majr --- Ballard. The company officers were Capt Douglas Starkey, Capt Jno. Watts, and lastly under Capt Wm Nettles, all of which
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he resided in the State of South Carolina militia being transferred occasionally from one captaincy  to another that he entered the service about one month after Gates defeat, and continued in the service about nineteen or twenty months before he left the same. That he resided in the state of South Carolina Cashaw  Cashaw County when he entered the service; that he was a volunteer. That he was engaged in no general battles but in one or two skirmishes with the Tories. That he was altogether engaged in in his own State of S. Carolina that was not in service of any of the officers of the Continental line.

That he has no documentary evidence of his service, and Received no written discharge. And he
hereby relinquishes every claim whatever 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
[signed] Cornelius Malone

Sworn to & subscribed the day & year aforesaid
H M Mackenzie Clk S.C.
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State of Alabama
Morgan County ⎬ 
Personally appeared in open Court William Malone who resides in the County of Limestone in said state and made oath that he knows the said Cornelius Malone whose name is signed to the foregoing declaration that he knows that he served as a volunteer in the South Carolina Militia in the Revolutionary War, for above twelve months & how much longer he knows not whilst under the command of Genl Sumpter and Marion
William X Malone his mark

Sworn to & subscribed the day & year aforesaid
M. Mackenzie Clk

State of Alabama 
Morgan County ⎬
Personally appeared in Open Court Charles Raley who resides in the County and State aforesaid and made oath that he knows that Cornelius Malone who signed the foregoing declaration, served as a soldier in the Revolutionary War. That he saw him in the service at Lawrence's Ferry
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On Santee River in the State of South Carolina and said witness was relieved (On Parol) by said Malone from said station, But how long by said Malone served this witness saith not
[signed]  Charles Raley

Sworn to & subscribed the day & year aforesaid
W.H. Mackenzie Clk
Page 20

We John T. Rather & R. Chapman residing in the County of Morgan State of Alabama hereby certify that they well acquainted with Cornelius Malone who has subscribed and sworn to the above
declaration that they believe him to be seventy four years of age that he is reputed & believed in the neighborhood where he resides to have been a soldier of the Revolution, and that they concur in that opinion
[signed] J T Rather
Reuben Chapman

Sworn to & subscribed the day & year aforesaid
W M Mackenzie Clk.

And I Charles W. Peters Judge of said Court do hereby declare in my 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 him that John T Rather & Reuben Chapman who have signed the preceding certificate are residents in the County of Morgan State of Alabama
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are credible persons and their statements are entitled to Credit 
Charles M. Peters Judge

The State of Alabama 
Morgan County 
I M Mackenzie Clerk of the Orphans Court of Morgan County in the State aforesaid do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Cornelius Malone for a pension 

In testimony whereof I have hereunto set my hand and seal of office this 21st day of August in the year of our Lord one thousand eight hundred and thirty two and of American Independence the fifty
seventh year
M. M. Mackenzie Clk.
Page 22

We, John T. Rather residing in the County