Revolutionary War Pension and Bounty Land Warrant Application File R. 10642, for Abraham Toney, South Carolina
Page 1

(3-1776)
SERVICE
S.C.
Toney, Abraham
Elizabeth
NUMBER
R. 10642
Born in N.C.
CONTENTS
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South Carolina 29.901
48.682
Abraham Toney
Spartanburg in the State of So. Car.
who was a private in the [blank] commanded
by Captain [blank]  of the Regt. commanded
by Col. Williams
in the So. Car.
line for 2 years

Inscribed on the Roll of South Carolina
of the rate of 80 Dollars - Cents per annum,
to commence on the 4th day of March, 1831
Certificate of Pension issued the 16 day of
Apr 35
Spartanburg S. Ca. and E. [illegible]

Arrears to the 4th of Sept 1835 [crossed out] March 1835
320.00
Semi-ann. allowance ending 4 Sept
40.00
---- 
$360.00
Revolutionary Claim,
Act June 7, 1832.
Recorded by Natt Rice Clerk.
Book E Vol. C Page 81
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State of Georgia
Forsyth County SS.
Be it known that on the Sixteenth day of January A.D. One thousand Eight hundred and fifty five, Personally appeared before the Ordinary Court in and for the County and State aforesaid (being a Court of Record) Gabriel Rainwaters, aged 51 years a resident of Cherokee County in the State aforesaid, who being sworn according to law, declares, that he is the Son in law and heir at law of Mrs. Elizabeth Toney, widow of Abraham Toney, who was a Revolutionary Pensioner under the act of June 7th 1832, at the rate of Eighty Dollars per annum, which pension was payable at the Pension Agency at Columbia, in the State of South Carolina, and that the said Abraham Toney, died in Spartanburgh District State of South Carolina, on or about the Eighth day of March A.D.
1837. leaving a wife and three children him surviving, to wit; his wife Elizabeth Toney and his daughter named Judy and a son named Abraham Toney and another daughter named Nancy, who is now the wife of this deponent, and after the death of her said husband, Mrs. Elizabeth Toney removed to the State of Georgia and County of Cherokee, where she resided upto the time of her death, which took place on the 23rd day of December A.D. 1844. and he is informed, and believes, that the said Elizabeth Toney never made application for the arrears
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of Pension due her said husband at the time of his death nor for a renewal of said Pension, and that there were arrears of Pension due at the time of her death, and that the maiden name of the said Elizabeth Toney, previous to her marriage to the said Abraham Toney was Elizabeth Gibson, that she was married to said Abraham Toney, (as this deponent has frequently heard them both say) in the month of December A.D. 1788. in the State of South Carolina and District of Union, but that deponent cannot find any record of their marriage, that they lived together as man and wife and were at all times reputed as such, and raised a family of children together as such, the name of their eldest child were Judy who if living would now be about sixty four years of age, but she died several years since and their next oldest child was a son and named Abraham Toney who is now living, and resides in Jackson County State of Alabama and is now about Fifty Eight years of age, and the next is Nancy, who is the wife of this deponent and is now about Fifty years of age and is still living in the County of Cherokee State of Georgia.
He makes this Declaration, for the purpose of obtaining the Pension due the said Elizabeth Toney at the time of her death, under all the laws and resolutions of Congress
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now of force or which may hereafter be passed.
Gabriel Rainwaters his mark X

Sworn to and subscribed before me in Open Court the day and year first above written. And I hereby certify that the above named Gabriel Rainwaters is well known to me, that he is a man of Respectability, and I believe him to be the Identical person he here represents himself to be, and it has been made appear to my satisfaction, that the said Elizabeth Toney was the widow of the said Abraham Toney, who was a Revolutionary Pensioner of South Carolina, and that she remained his widow up to the time of her death. The word "our" erased and "my" Inserted previous to being signed and the word "Daughter" on the first page and 22 line were interlined previous to being signed.
Given under my hand and seal of Office at Cumming in Forsyth County, State of Georgia, the day and year first above written.
Hubbard Barker Ordinary
F.C.
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(1)
State of Georgia
Hall County SS
On this the twentyeth day of January A.D. One thousand Eight hundred and fifty five (1855.) Personally appeared before me the subscriber a Justice of the peace within and for the County and State aforesaid John Tillotson aged 74 years. Daniel Pettit aged 50 years and James E. Rainwaters aged 45 years, all resident citizens of Cherokee County, in the State aforesaid, who being duly sworn according to law; deposeth and saith on Oath, that they were all intimately acquainted with Abraham Toney and his wife Elizabeth Toney from their earliest recollections. That deponent John Tillotson thinks he has a faint recollection of hearing of the marriage of Abraham Toney and Elizabeth Gibson, when a small boy living with his father in Union District State of South Carolina, that said deponent lived near said Abraham Toney and wife Elizabeth Toney, and thinks he can recollect their living together as man and wife for at least Sixty four or five years. That said Abraham Toney and wife removed from Union District, State of South Carolina to Spartanburgh District State of South Carolina, in the settlement of where the parents of the witnesses Daniel Pettit and James E. Rainwaters resided, and that deponent John Tillotson removed to the same neighbourhood and lived near the said Abraham Toney & wife Elizabeth Toney, deponents all know they lived togeth as man and wife from their first recollection and was at all times reputed as man and wife and raised a family of children together as such but deponents do not believe, that there were any record kept of the ages of their children. The name of their eldest child was Judy and the next
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(2)
were a son and called Abraham Toney and the next was a daughter and named Nancy. That their eldest daughter Judy died in Spartanburgh District State of South Carolina in the year A.D. 1840 or 1841, and if she had have lived she would now have been about Sixty four years of age, their next child was a son and called Abraham Toney, who is now living in Jackson County State of Alabama, and is now about fifty eight years of age, and their next child was a daughter and called Nancy and is now about fifty years of age, and is the wife of Gabriel Rainwaters who is now making application for the arrears of Pension due the said Elizabeth Toney at the time of her death. deponents believe the ages here given of the children of Abraham and Elizabeth Toney to be correct that they have so frequently heard the said Abraham Toney and wife Elizabeth Toney tell the ages of their children and the children themselves state what their father and Mother said their ages were that deponents believe it to be correct, and they have the appearance of being about the ages stated. deponents know that the said Abraham Toney were a Revolutionary Pensioner of South Carolina and drew a pension of Eighty Dollars per annum, up to the time of his death. That the said Abraham Toney died in Spartanburgh District, State of South Carolina on the Eighth day of March A.D. 1837. That deponents were all present and saw him buried, that after his death his widow Mrs. Elizabeth Toney removed with her son in law and her daughter, Gabriel Rainwaters and wife Nancy, to Cherokee County State of Georgia, and deponents all removed to the same state and County, and settled in the
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(3.)
immediate settlement of the said Elizabeth Toney, widow of the said Abraham Toney, that they resided near her and she remained the widow of the said Abraham Toney up to the time of her death, that she died in Cherokee County State of Georgia, On the 22d day of December A.D. 1844. deponents were not present at her death, but saw her buried, and know she died as here stated, and that she left two children her surviving, to wit: Abraham Toney who resides in Jackson County State of Alabama, and Nancy Rainwaters wife of Gabriel Rainwaters, who reside in Cherokee County State of Georgia. They further swear that they are disinterested.
John Tillotson his mark X
Daniel Pettit
James E Rainwaters
Attest
Thomas N. Jack
James Roberts
of Hall County Georgia

Sworn to and subscribed before me, the day and year first above written. And I hereby certify that John Tillotson, Daniel Pettit and James E Rainwaters are all well known to me, that they are credible witnesses, and reside in Cherokee County State of Georgia, and I believe them to be about the age they have stated, and I certify that I am not interested in the claim or concerned in its prosecution. And I further certify that the erasures, and writing there over on the second page were done previous to being signed, and interlineation of the words to be were done previous to being sworn to.
James J. C. Tanner J. P.
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State of Georgia
Hall County
I William Sitton Clerk of the Superior Court in & for the County and State aforesaid do hereby certify that James J G Tanner is, and was at the date of the foregoing affidavit a Justice of the peace in & for said County duly commissioned and qualified and authorized to administer Oaths for general purposes. and that his written signature thereto is Genuine
Given under my hand and seal of Office on this 22d day of January AD 1855
William Sitton, Clerk
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State of Georgia
Forsyth County
It is hereby certified that on this Eleventh day of April A.D. 1855 at the Court of Ordinary held in and for the County and State above named - Satisfactory evidence was presented by the testimony of John Tilotson and Daniel Petit residents of the County of Cherokee in the State of Georgia, who are known to the Court as credible witnesses, to prove that Abraham Toney, a Revolutionary pensioner of the United States died in Spartanburg District State of South Carolina on the Eighth (8th) day of March, in the year One thousand Eight hundred and thirty Seven (1837) leaving a Widow named Elizabeth Toney, who remained unmarried until her own death, which took place in Cherokee County State of Georgia on the twenty second (22nd) day of December in the year One Thousand Eight hundred and forty four (A.D.1844) - That the said Elizabeth Toney left at her death but two children, both of whom are now living, and whose names are, Abraham Toney, residing in Jackson County, Alabama, and Nancy Rainwater wife of Gabriel Rainwater, residing in Cherokee County Georgia
In testimony whereof I have hereunto signed my name and caused the Seal of said Court to be affixed, this 11th day of April 1855
Hubbard Barker ordinary C.C.
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22nd July 1833 R.B.
15298
A. Toney
S.C.
[strikethrough -illegible]
[strikethrough - 18 September 1833]
[strikethrough - See agent belows.]
E:
Rejected see let 14 Oct 1833 To
[strikethrough - E. Bomar Spartanburgh C.H. S.C.]
Hon W K Clowney
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WAR DEPARTMENT,
Pension Office,
183
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 shew 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, shewing the service of Abraham Toney
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.
Volunteered 1st May 1780
1 [year] 6 [months]
Private
Col. Thomas
Col. Williams
Col. Robuck
Col. White
Col. Brannen
Genl. Morgan
" Pickens
" Green
" Sumpter
Enlisted as State Troop 1st Nov. 1781
10 [months]
Private
Col. Middleton
Age at present, and place of abode when he entered the service.
74 years Spartanburgh So. Ca. Spartanburgh
Proof by which the declaration is supported.
Revd. Joshua Richards
Wm. Smith his captain and Samuel Smith
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
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2
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 at 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 [Space] day of [Space] personally appeared (a) before
[Space] A. B. a resident (b) of [Space] in the county of [Space] and State, Territory or District following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed Jun 7th, 1832. That he enlisted in the Army of the United States in the year (d) [Space], with [Space] and served in the [Space] (e) regiment of the [Space] 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 battle, if any, in which he was engaged, and the country through which he marched. >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. [Space] 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 revolutionary soldier, and served as he states.
I [Space] 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 [Space] for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this
[Space] day of [Space] &c.

If, on examination of the proper record, the names of applicants, making such a 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 Virgina, will make and subscribe a declaration similar to the foregoing, with the following addition, viz:
(k) We, A. B., a Clergyman. residing in the [Space] and C. D. residing in (the same) hereby certify, that we are well acquainted with [Space], who has hereby certify, that we are well acquainted with
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, [Space] Clerk of the Court of [Space] 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
[Space] of office, this [Space] day of [ Space] &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 there with, as many 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 hi-
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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, therefor, these are amply and clearly set forth, no favorable decision can be ex- 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) interiogatories 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 Virgina.
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 enquiry 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 Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court of 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 payment can be made on account of 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 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 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 than the periods mentioned bellow, 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."
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 the tours, the names of the officers, and other particulars respecting their service. This form of 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 optuion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if 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 paper.
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.
[j] 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 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 time declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

[Handwritten] The applicant must specify his service, as above [Illegible]
Page 15

Abraham Toney's
Declaration
15298
Spartanburgh dist.
So. Carolina
Page 16

State of South Carolina
Spartanburgh District
To wit - On this 6th day of March 1833 personally appeared before the Subscriber, a magistrate for said District Abraham Toney, who being sworn in due form of Law, on his oath saith, in addition to his Declaration herewith attach'd - that he served three months as a volunteer, and three months as substitute (making six months) under Capt. Hampton - that said six months, as a Volunteer under Capt. Gowen, against the Indians - And that he served two years and upwards, as a private under Capt. Smith. That all his services, amounting to three years and upwards, were rendered as a Private-
Abraham Toney his mark X
Sworn to & Subscribed before me 6th May 1833
Wm. Trimmin
J. L. Ex Off

South Carolina
Spartanburgh Dist
I, Elisha Bomar, Clerk of the Court for Spartanburgh Dist, certify that William Trimmin, before whom the above affidavit is made, is a magistrate for sd. District, duly authorized to administer oath [seal covers words] the foregoing signature purporting to be [seal covers words] genuine. Given under my hand and seal of the said Court this 7th day May 1833.
E. Bomar
Clerk of Spart. Dist.
Page 17

State of South Carolina
Spartanburgh district SS
On this 27th day of September 1832, Personally appeared in open Court, to wit, the Court of Sessions & common Pleas in & for the district of State aforesaid, now sitting, Abraham Toney a resident of Spartanburgh district & State aforesaid, aged seventy four years, as he has been informed & believes, who being first duly sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the act of Congress passed June 7th 1832. That he entered the service of the United States under the following named officers, & served as herein stated. That he served under the command of Captain Smith of the Malitia - he entered the service in May 1780 in the County of Spartanburgh in said State perhaps at the time called 96 district a volunteer & continued to serve as a volunteer untill about 12 months before the close of the Revolutionary war, perhaps not so long, when he enlisted as a State troop for the Term of 10 months - still commanded by Capt. Wm. Smith attd the Regiment commanded by Col. Thomas and after a period by Col. Middleton, & where he remained untill peace took place he served alternately under the command of Genls. Greene, Sumpter & Pickens from the time he first entered the service of his country to the declaration of peace. He was engaged in the battles at the Iron works, Musgroves, Blackstock, Kings Mountain & Cowpens, the siege of 96 & the Battle at the Eutaw Springs besides sundry other skirmishes & small engagements all of which he will be able to make appear by his captain (Smith) who is still living. He is entirely illeterate & cannot give the dates of the different Battles. I have no documentary evidence of my any services and refer to my Captain, William Smith to prove the same. I hereby relinquish every claim whatsoever to a pension or annuity except the present, and de-[declares]
Page 18

[declares] -clare that my name is not on the Pension Roll of the agency of any State.
To the first question proposed by the Court - I answer that I was born in North Carolina, but removed very young & cannot recollect the county
To the 2nd Question - I have no record of my age, and only know it from the information of my ancestors.
To the 3rd - I lived in Spartanburgh when I entered the service - and have lived here mostly since and live here now
To the 4th Question - I served as a volunteer.
To the 5th - I refer to the foregoing declaration
To the 6th I never received any written discharge
Under the 7th I refer to the Revrd. Joshua Michaels, Maj William Smith, and Samuel Smith.
Abraham Toney his mark A
Sworn to and Subscribed the day and year afrd.
Jno. B. O'Neall
Presiding Judge
Page 19

South Carolina
Spartanburgh Dist
We, Joshua Richards a Clergyman residing in Spartanburgh District, and William Smith Samuel Smith residing in the same, do hereby certify that we are well acquainted with Abraham Toney who has subscribed and sworn to the forgoing declaration that, we believe hims to be seventy four years old that he is reputed and believed in the neighbourhood where he resides. (I William know he served in my command) to have been a Revolutionary Soldier, and that we concur in that opinion
Wm. Smith
Saml. Smith
Joshua Richards
Sworn to & Subscribed the day & year afsd.
Jno B O'Neall
Pres Judge

And the said Court hereby declare their opinion after investigating the matter and after putting the interrogatories prescribed by the war department that the above named applicant was a Revolutionary Soldier & served as he states. And the Court further certifies that it appears to them that Joshua Richards who has signed the preceeding certificate is a Clergyman resident in Spartanburgh District and William Smith & Samuel Smith who also have signed the same, are residents in the aforesaid district and are creditable persons and that their statements are entitled to credit.
Jno B O'Neall
Presiding Judge
Page 20

The State of South Carolina
Spartanburgh District SS
I Elisha Bomar Clerk of the Court of Sessions & Common Pleas in & for
Spartanburgh district, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Abraham Toney for a pension. In testimony whereof I have hereunto set my hand & seal of office this 18th day of October, 1832.
E. Bomar
Clk.
Page 21

THE STATE OF SOUTH CAROLINA.
BY HIS EXCELLENCY,
George McDuffie
Governor and Commander-in-Chief, in and over the State aforesaid.
Geo McDuffie
To all to Whom these Presents Shall Come. Know Ye that John T. Seibels whose signature appears to the Instruments of Writing hereunto annexed, is the acting Clerk, at Columbia, of William Laval, Comptroller General in the State aforesaid
THEREFORE, All due Faith, Credit and authority is and ought to be had and given to his Proceedings and Certificates as such.
IN TESTIMONY WHEREOF, I have hereunto set my Hand, and caused to be affixed the Seal of the State, in the Town of Columbia the Twenty sixth day of February in the year of our Lord, one thousand eight hundred and Thirty five and in the Fifty ninth year of the Independence of the United States of America.
BY THE GOVERNOR.
B. H. Saxon
Secretary of State.
Page 22

N. 3743 OC
Issued 20 Sept 1786 to Abraham Toney for thirty four pounds 14/3 1/9 stg. for Militia Duty in Roebucks Regt. per account audited
Prin L 34.14.3 1/4
Ann. Int. 2.8.7
No. 114
Know all men by these presents that I Abraham Toney of the District of Ninety Six and Exacuters of the Esteats of the goods and chattels of Drury Toney and Charles Toney, both of which are deceased for which case and good authority I do Impower William Gilbert my full and lawful attorney to receive out of the Treasurer's office from Mr. Petter Boreot & James Michels all my Indents, principal and Interest as well on account of my two Brothers deceased as my own and to give receipts in my name and receive the same and dispose of at his pleasure as fully as I myself could do if I were personally present.
Given under my hand this 28th day of August 1786.
Abraham Toney his mark X
Test.
George Hening
3743 AG 3744 DW 3745 OK

I do certify that Abraham Toney is the lawful Administrator & Heir to the Estate of Drury Toney & Charles Toney deceased.
Certified before me the fifteenth day of Novr. 1786
Levi Casey J. P.

State of S. Carolina To Abraham Toney
For Militia duty in Roebucks Regt. since the fall of Charlestown & Js Andersons Return amtg. to currency L 243 Stg. 34.14.3 1/4

Received full satisfaction for the above account in Indent No. 3743 OC in virtue of a power of attorney endorsed
Wm. Gilbert
Page 23

Comptroller Generals Office
Columbia 25 February 1835
I certify the within to be a true copy taken from the Documents on file in this Office.
William Laval Compt. Genl.
per
John T. Seibels
Page 24

Abraham Toney dd. 8 Mch 1837
Elizabeth Toney dd. 22 Dec 1844
Abraham Toney Nancy Rainwaters
Page 25

Danl. Pettit, Jno Tillotson, Jas E Rainwater
Page 26

No 15288
Elizabeth Toney decd.
Widow of Abraham
Georgia
C C Tucker Apl 21 1855
Hon J.H. Lumpkin Feby 13, 1857,
10642
July 7 1838
Page 27

Washington D.C. April 17. 1855.
Hon L. P. Waldo
Commissioner of Pensions
Sir
I send enclosed the claim for a pension under the Act of July 7. 1838. of Elizabeth Toney dec widow of Abraham Toney a pensioner under the Act of 1832. on the South Carolina roll.
An early examination of the claim is respectfully requested-
Very respectfully
Your Obt Servt.
Chas. C. Tucker.
Page 28

(3 - 469.)
Bureau of Pensions
Wid #
Application No. 10642
Certificate No.
NAME OF SOLDIER.
A. Toney
Co. Rev War
INFORMATION DESIRED.
All papers for exam
K
[stamp] SECOND DEPUTY COMMISSIONER OCT 29 1894
(13323 - 100,000.) 6-061
Page 29

State of South Carolina
Spartanburgh District
William Smith makes oath before me the subscribing justice that he knew Abraham Toney, who is applying to the United States for a pension, during the revolutionary war, that he entered the service of the United States under his command, he having a commission as capt. in the Militia, about the first of May 1830 & served untill the first of April 1781: this deponent then received a commission in the South Carolina State troops & Abraham Toney immediately enlisted for the term of ten months under his command & served out his time & was regularly discharged: having served in the whole under this deponent twenty one months in regularly embodied corps called into service by competent authority. And that the said Toney discharged his duty as a good soldier
Wm. Smith
Sworn to & subscribed before me this 16th day of Feby 1835
James Hamm {JQ}

State of South Carolina
Spartanburgh District SS
I Elisha Bomar Clerk of the court of Spartanburgh District, do certify the James Hamm is a magistrate as above, and the I am acquainted with his hand writing and believe The above signature purporting to be his is genuine and that he is duly authorized by law to administer oaths. In testimony whereof I have hereunto affixed my seal of office and subscribed my name the 17th day of July 1835.
E. Bomar clk.
Page 30

State of South Carolina
Spartanburgh District
I James Hamm one of the justice of the Quorum in & for the District aforesaid do certify that I am well acquainted with William Smith who has sworn to & subscribed the above affidavit that he is entitled to the utmost confidence & credit. 
March 26th AD 1835 James Hamm {JQ}

State of South Carolina
Spartanburgh District SS
I Elisha Bomar Clerk of the Court in & for said District, do hereby certify that James Hamm who hath signed the above certificate is a Magistrate as he states duly, authorized by law to administer oaths. And that he is entitled to full faith & credit in all his official acts as such. And that I am acquainted with his hand writing & believe the above signature purporting to be his, is genuine. In testimony whereof I have hereunto affixed my seal of office & subscribed my name the 31st day of March 1835.
E. Bomar
Clk.
Page 31

Treasury Department
Third Auditor's Office
Oct 24. 1854
Sir,
In answer to your letter of the 21st Inst. in relation to the pension of Abraham Toney of S.C. I have to inform you that it appears on record in this Office that his pension has been paid up to 4 March 1837.
I am, Sir, your obedient Servant
Saml. S. Reid
Acting Auditor

C. C. Tucker Esq.
Washington D.C.
Page 32

10642
P. O.
Elizabeth Toney
Service:
wid. of Abraham
REJECTED
Enlisted:
Discharged:
Application filed:
Alleges:
Re-enlisted:
Attorney: 29901 Col. Williams SC
P. O.
Recognized. Contract
Cert. of Dis. Searched for
Page 33

State of South Carolina
Spartanburgh District
Personally appeared before me the subscribing justice, Abraham Toney who being duly sworn saith, by way of amendment to his declaration for a pension, that he entered the service of the United States in Spartanburgh District a private as a volunteer in the last of November or first of December in the year 1779 under the command of Capt. Hampton of the militia for the term of three months & was marched by old ninety six across the Savanna River at Augusta Georgia where he joined Col Hammonds' regt. he remained there a short time & thence down into the midway settlements & remained in that section some time & was marched back to Augusta where his term of three months expired about the last of January 1780 & he was discharged verbally. Capt. Hampton turned out immediately to raise another volunteer company & this deponent again volunteered under him for three months & was attached to the same regt. under Col. Hammond & marched back into the midway settlements where he was engaged in one small skirmish with the British & Tories, having served out his term of three months he was again verbally discharged & returned home in company with Capt. Hampton about the last of April 1780. The Country was so overrun with Tories about that time that no whig could remain at home in safety; he again volunteered in Spartanburgh District as a private under the command of Capt Wm Smith of the militia about the first of May 1780. there was no time specified for which he was to serve, he was immediately attached to Col. Thomas Regt. & was march about through Spartanburgh & Union Districts after the Tories for the space of a week or two, he was then marched across Broad River about the mouth of Bullocks creek into York District on by Hills Iron works & into North Carolina on the Cotawba River where they joined Genl. Sumpter: have Genl. Sumpter recd. information that the Tories were collecting in a body at Ramsours Mills No. Ca. & immediately marched to attack them; but before he reached there Capt. Falls had attacked & defeated them, but fell himself in the engagement. From Ramsours mills this deponent was marched
Page 34

with Sumpter's army back to the Catawba where Sumpter encamped for some time & was constantly sending out detachments after parties of the British & Tories in many of which this deponent was sent. Col. Thomas with all the companies from Spartanburgh District were ordered into that District to join Col. Shelby of Ky. Col. McDowell of No Ca & Col. Clark of Ga. they joined the above mentioned officers in that District & had an engagement with the enemy under the command of Col. Ferguson at the Cedar Springs. the British horse came on his advance & made the attack & were driven back untill they met Fergusons whole army, the Americans then being too few in number were forced to retreat. they march on the retreat across Lawsons Fork at the old Iron works & Broad river at the Cherokee ford into York District & on to Sumpters Camp on the Catawba. The British army under the command of Cornwallis were then marching from Camden So Ca to Charlotte No Ca & their horse came to the Catawba on the opposite side of where Sumpter was encamped. Sumpter then moved up the river into No Ca where he halted untill the British army left Charlotte he then marched back into York District & on across Broad river into Union District; a detachment of Sumpter's army were ordered down broad river through Chester District & had an engagement with the enemy on the fishdam ford but this deponent was not in it he having remained with the main army. he was marched on through Union District & part of Newberry across tiger [Tyger] & Enoree Rivers & to broad river on the other side of which were the British army under the command of Tarlton who crossed the rivers & Sumpter retreated back through Union District to Tiger [Tyger] River at Blackstocks ford when he halted to eat when the British horse came up & attacked him the Americans drove them back, Sumpter was wounded in the engagement. Sumpter then marched on across the river & on to the old Iron works on Lawson's fork where he being wounded was carried off on a horse litter. for a while the regiments were left each under its own Col. & scouring the County after the Tories & detachments of the British, during which time this deponent was engaged in several small skirmishes & about this time Genl. Pickins came
Page 35

took command in the place of Sumpter; during the above mentioned time he was in the battle at Musgrove Mills under Capt. Smith, the American forces were commanded by Col. Clark, the battle at the Cowpens as a volunteer under Col. Washington of the horse, Capt Smith to whose company this deponent belonged was not there. he was also at the battle at Kings Mountain & was in a company commanded he thinks by Lieut. Robuck in Col. Williams command. Cols. Campbell & McDowell of No. Ca. were there & this deponent thinks Campbell acted as the commander of the American forces: Col. Williams recd. a mortal wound, the enemy were commanded by Ferguson who was killed in the battle, Capt Smith was not in this battle but this deponent joined him shortly afterward & continued under his command untill about the first of April 1781 though not always with him, having served eleven months; he then enlisted in the So Ca State troops at the last mentioned time for the term of ten months in Union District under the same officers untill what was called the consolidation he then fell under the command of Col. Middleton & was engaged in the service in South Carolina under Capt Wm Smith untill the expiration of the ten months when he was discharged whether he got a written discharge or not he does not recollect but if he did it is since lost. During this ten months service he was at the taking of the forts at Granby, Col. Lee commanded, & at Orangeburgh where Genl. Sumpter commanded, this deponent was commanded by Lieut. Motley he thinks Capt. Smith being absent on some other expedition. Col. Thomas commanded the regt. in which this deponent was, he was at the siege of ninety six: Genl. Green commanded. Genl. Henderson commanded the Brigade to which this deponent was attached, he was in the battle at the Eutaw Springs where Capt. Smith being absent he was commanded by his Lieut. Lusk Col. Middletons regt. Genl. Henderson's Brigade. Henderson was wounded. Gen. Green commanded the American forces & he thinks Kruger commanded the enemy
Page 36

He was in several other skirmishes in the lower part of So Ca none though of sufficient notoriety to mention. He was afterwards in a six months tour as a private a volunteer under the command of Capt. Gowen in Spartanburgh District on an expedition against the Indians & served the six months out & was discharged though got no written discharge.
All the above service was rendered in a regularly embodied corpse under the command of legally constituted officers: The last mentioned service of six months against the Indians he thinks he can establish by the testimony of Abs. Thomson who he is informed now lives in Greenville District So Ca.
Abraham Toney his mark X
Sworn to & subscribed before me this 16th day of Feby. 1835
James Hamm {JQ}

State of South Carolina
Spartanburgh District SS
I Elisha Bomar Clerk of the Court of Spartanburgh District certify that James Hamm is a Magistrate as above duly authorized by law to administer oaths: And that I am acquainted with his hand writing and believe the foregoing signature purporting to be his is genuine. In testimony whereof I have hereunto affixed my Seal of office & Subscribed my name the 17th day of Feby. 1835.
E. Bomar
clk.
Page 37

The State of South Carolina
Spartanburgh District
Personally appeared before me the undersigned a Justice of the peace in and for said District Abraham Toney aged seventy four years, a resident in said District, who being duly sworn deposeth & saith, that by reason of old age and consequent loss of memory, he cannot swear positively as to the precise length of his services, but according to the best of his knowledge and recollection, he served not less than the periods mentioned below. He entered the service as a volunteer & served in that capacity for the Term of eighteen months as a private in the District of Spartanburgh & State aforesaid under the command of Captain William Smith on the 1st of May in the year 1780 and served in the Regiment commanded by Col Thomas. He was in the Battle at Kings Mountain General Morgan & Col. Williams command, the latter received a mortal wound. He was in the Battle at Musgroves Mills. General Pickens & Col. Thomas command. He was at the Battle at Blackstocks General Pickens & Col Thomas commanded - He was in the Battle at the Cowpens-- Genls. Morgan & Pickens, Cols. Robuck Brannon & White commanded. Col. Washington had command of the Horse. He was in the Battle at the Eutaw Springs, Genls. Green & Sumpter were there, Col. Washington commanded the Horse. There were many other officers at the battles above named & whom this deponent does not now recollect- On or about the 1st of November 1781 to the best of his knowledge & recollection & while on service as a volunteer and after he had served as volunteered for 18 months he enlisted as one of the State Troops in the Army of the United States for the Term of ten months in the District of Spar- [Spartanburgh]
Page 38

under the command of Lieutenant John Mattey or Motton & Captain William Smith in the Regiment commanded by Col Middleton. In this term of service this deponent saith he was not in any Battle. He continued to serve with the State Troops until the end of the war when he was verbally discharged having served out the term for which he enlisted. This deponent served a tour of six months against the indians and one of six months against the British & Torys in the State of Georgia: But does not recollect the dates & therefore does not attempt to authenticate them. 
Abraham Toney his mark X
Sworn to & subscribed before me the 6th day of Aug. 1833
Thos. Cantwell J.P.

The State of South Carolina
Spartanburgh District SS
I Elisha Bomar Clerk of the Court of Sessions & Common Pleas in and for said District do hereby certify that Thomas Cantwell before whom the above affidavit was made & sworn, is a Magistrate as above, duly authorized by law to administer oaths,
In testimony whereof I have hereunto set my hand and affixed my Seal of office the 6th day of August 1833.
E Bomar
Clk.
Page 39

Know all men by these presents, That I Gabriel Rainwaters of Cherokee County, State of Georgia, hereby constitute and appoint Charles C. Tucker Esq. Washington City D.C. my true and lawful Agent and Attorney, to prosecute the claim of the surviving heirs of Mrs Elizabeth Toney, deceased, who was the widow of Abraham Toney a Revolutionary Pensioner of South Carolina, for any amount of Revolutionary Pension, or increase of Pension, that may be due; and I hereby authorize, my said Agent to examine all the papers and documents in relation to said claim, on file in the Department at Washington City, or elsewhere; to file additional evidence or arguments; and to receive the certificate which may be issued for said claim, and to do all things that I might or could do were I personally present. Hereby ratifying and confirming all that my said Attorney and Agent shall lawfully do in the premises.
Witness my hand and seal this 24th day of January A.D. 1855.
Gabriel Rainwaters his mark X {seal}
Signed sealed and delivered in presence
James M Roberts
James Roberts, Notary Public,

State of Georgia
Hall County
On this the 24" day of January A.D. 1855. Before me, subscriber, a Notary Public in and for the County and State aforesaid, Personally appeared, Gabriel Rainwaters, and acknowledged the foregoing Power of Attorney to be his act and deed for the purposes therein mentioned. 
In Testimony Whereof, I hereunto set my hand and affixed my seal of Office the day and year aforesaid.
James Roberts, Notary Public