Revolutionary War Pension and Bounty Land Warrant Application File W. 7359, Michael Treece, Penn.
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Penn
Treece, Michael
Treece, Malinda
W7359
B.L.Wt. 28,600.160.55
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Michael Treece
(Grainger County)
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State of Tennessee, Grainger County. SS.
On the sixth day of April 1833 personally appeared before me Joseph Shannon a justice of the Court of pleas and quarter Sessions for said County & State aforesaid (the same being a Court of record having a Clerk and seal)
Michael Treece, a resident in the County and State aforesaid aged seventy four years and upwards, 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 dated 7th June 1832.
That he entered the service of the United States under the following named officers and served as herein stated.  He was drafted, as well as he can recollect in the month of October, - the year he does not know any further than this, that it was three years before the termination of the war, in the State of Pennsylvania, North Hampton County. He joined the army at Trenton under the command of Genl. Washington he cannot recollect the regiment, the commandant Colonel's name, not the names of any of his officers, except his Capt. Ritter, and his lieutenant George Keistler (Casteler) that he at that time served two months as a private - from Trenton he was marched back to North Hampton County in the State aforesaid, where he received his discharge which he has long since lost.
About a year after his discharge, as above stated, say in the month of December 1781 or 1782, he cannot positively state the year or the month, but it was near one of those periods, he again entered the service under the command of Capt. William Moyers, as a substitute for a man whose name he has forgotten in a tour against the Delaware Indians.  Capt. Moyers company was drafted in North Hampton County, Pa. where the applicant resided at that time in Albany Township - they were marched over the Blue Ridge, where they were stationed as a guard against the intrusions of the aforesaid Indians - they were not in any engagements with the Indians.  At the expiration of two months, the whole company was marched back across the mountain, where they were all told by Capt. Moyers
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to go home, which we did, having served two months during this tour.
Shortly after this applicant got home, (which was about two years before the termination of the War of the Revolution) he was again drafted in the company of Capt. William Moyers in the same County of North Hampton & State of Pennsylvania, where he still resided.  There was no other company, now were there any officers belonging to that company except his captain.  At this time also Capt. Moyers company was marched across the Blue Ridge, for the purpose of guarding the frontiers against the intrusions of the Delaware Indians, in which service he was engaged two months, when the company was again marched back, as aforesaid, and dismissed, but received no discharges:  The applicant was dismissed in North Hampton County, but her precise time he cannot recollect.  he was not in any engagements, nor did he at this time serve with any continental troops.
Immediately after his third discharge, he volunteered in the same State & County, under the same Captain, who he was again marched across the Blue Ridge, into the Country of the Delawares through the Laurel Swamp in the State of Pennsylvania, & in view of their Town, which was not attacked, in consequence of the inferior number of our forces - we fought no Indians and were marched back to North Hampton, where this applicant was discharged, having served two months this tour.
About six months after his last discharge, the precise time he cannot now recollect, he was drafted in the same County and State, in Capt. Ritters company - he does not recollect the names of any of the field officers - he was marched into the neighborhood of Philadelphia to Germantown, where we joined Genl. Washington., from thence we marched to Brandywine.  This applicant was in the battle of Brandywine under the command of Genl. Washington - he thinks that Genl. Lafayette was also in that battle, & that he was wounded.  We remained at the Brandywine near two months which the applicant served at this time and making ten months, as well as he can recollect which he served in all as a private in the militia, for which he claims a pension.  The applicant states that he has no documentary evidence, nor
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does he know of any person, whose testimony he can procure, who can testify to his service.
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.  He states that he was born in North Hampton County State of Pennsylvania in the year 1759 or '60 he does not precisely know the year as he has no record of his age he had one but has lost it long since.  He was living in said County of North Hampton at each of the times he was called into service after the war he removed to Rowan County N.C. where he resided for some time, from thence he moved to Clairborne County, Tennessee about ten years ago- from thence to Grainger County Tenn. where he now resides. that he was called into service in manner as he has already stated.  He does not recollect the names of any of the regular officers who were with the troops where he served, or any of the continental or militia regiments, except as he has already stated; and he will here state that he is a s who were with German, and during the whole time he was in the service of the United States, and for some time after, he could not talk or understand one word of the English language, that the names of the officers under whom he served were mostly English which he states is the reason why he cannot recollect them.  He states that at the end of the first, fourth and fifth tours he received discharges from the Captain under whom he served those tours, which he has long since lost. at the end of the second & third he received none.  He states that he is known in his present neighborhood to John Cocke, Isaac Barton & James Thompson, who is a clergyman,
who can testify as to his character for veracity, and their belief of his services as a soldier of the revolution. that said James Thompson resided in Jefferson County adjoining in the immediate neighborhood of the applicant, which together with the fact that he cannot procure a clergyman in his own County, is the reason his procuring said Thompson.  The applicant states that owing to bodily infirmity he is unable to appear in Court for the purpose of making this application.
Sworn to & subscribe the day & year aforesaid before me.
Michael his X mark Treece 
Joseph Sharman
Justice of the Peace
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State of Tennessee Grainger County - SS.
Personally appeared before me the undersigned a justice of the peace for said County, Michael Treece, 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: to wit. For ten months I served as a private, and for such service I claim a pension.
Sworn to and subscribed the day & year aforesaid before me.
Joseph Shannon, Justice of the peace
Michael his X mark Treece 
(The entire following paragraph has been crossed out)
And the said Joseph Shannon, Justice pc, as aforesaid, does hereby declare his opinion after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above applicant was a (This preceeding paragraph was crossed out)
We, James Thompson, a clergyman, residing in Jefferson, and Felps Read and Isaac Barton____residing in Grainger County and all of the State of Tennessee, hereby certify, that we are well acquainted with Michael Treece, who has subscribed and sworn to the above declaration, that we believe him to be seventy four 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 to and subscribed the day and year aforesaid before me.
Joseph Shannon
Justice of the Peace
James Thompson
Felps Read
Isaac Barton
And the said Joseph Shannon, justice pc as aforesaid, does hereby declare his opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War department, that the above applicant was a revolutionary soldier & served as he states and the said Justice certifies that it appears to him that James Thompson is the nearest clergyman to the applicant, that the said Thompson, Felps Read & Isaac Barton _________who have signed the preceding certificate are residents, the said Thompson of Jefferson and said Read & Barton ____of Grainger County, that they are credible persons, and that their statement is entitled to credit.  And said Justice further certifies, that the said applicant, Michael Treece cannot from bodily infirmity attend Court.
Joseph Shannon
Justice of the Peace
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State of Tennessee
Grainger County
I, John Cocke, Clerk of the Court of pleas and quarter sessions for said County, by my deputy Pleasant S. Cocke, hereby certify that Joseph Shannon, before whom the foregoing proceedings in the matter of application of Michael Greece for a pension under the act of Congress of June 7th 1832, and who subscribed the same, is and was at the time of doing the same, an acting justice of the peace for Grainger County, and that full faith and credit is and should be given to all his official acts as such, and that the foregoing contains the original proceedings in said application.
In testimony whereof I have hereunto set my hand and affixed my seal of Office at Office in Rutledge the 8th day of April 1833.
John Cocke, Clk
By Pleasant S. Cocke
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13711
East Tennessee
Michael Treece
of Grainger Co in the State of Tennessee who was a private in the Company commanded by Captain Ritter of the regiment commanded by (blank) in the Pennsylvania line for 10 months
Inscribe on the Roll of East Tennessee at the rate of 33 Dollars 33 Cents per annum, to commence on the 4th day of March 1834.
Certificate of Pension issued the 7 day of June 1833 and Tenth John Cocke Rutledge 
Arrears to the 4th of March 66.66
Semi-anl. allowance ending 4 left 16.66
$83.32
See letter to D. Morton & Knoxville Agent
9 Sep 1833
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3447
Tennessee Knoxville
Malenda Treece
widow of Michael Treece
Pena
who served in the Revolutionary
war, as a Private
Inscribed on the Roll at the rate of 
33 Dollars 33
Cents per annum, to commence on 
the 3d February 1853
Certificate of Pension issued the 13th day of Jany 1854
and sent to 
Jas Kyle McAnally
Bean's Station
Grainger Co.
Tennessee
Recorded on Roll of Pensioners under act February 3, 1853, Page 186 Vol A
32
Reg m55-148837
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Declaration
In order to obtain the benefit of the Act of Congress of February 3rd 1853
State of Tennessee
County of Grainger
On this the 2 day of April AD 1853 Personally appeared Malinda Treece a resident of said County aged 59 years before me Jonathan Noe and being duly sworn according to Law doth on his oath make the following declaration in order to obtain the benefit of the provisions made by the Act of Congress passed Feby 3, 1853 that she is the Widow of Michael Treece who was a private in the Revolution and late an United States pensioner and received pension of $96.00 per annum at the agency of East Tennessee at Knoxville and resided in Grainger County Tenn.  She further declares that she was married to the said M Treece on the 15th day of September 1812 That her husband the aforesaid Michael Treece died on the 22 day of September 1839 that she was married to him at the time above Stated.  She further swears that she was a widow at the passage of the Act and is Still a widow and that she has never before made application for a pension.
Sworn and Subscribed on the day and year above written Before me 
Malinda her X mark Treece 
Jonathan Noe
Justice of the Peace
for said County
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State of Tennessee
Grainger County
County Court April, Term 1833.
The declaration of Malinda Treece of the Revolutionary pension under Act of February the 3rd 1833, which is sworn to before Johnathan Noe, Esqr. one of the Court, and of Court, was presented in open Court for affirmation, this upon the Court is pleased to affirm said proceeding. In testimony whereas, I have here unto set my hand and seal of said Court of office in Rutledge the 4th day of April A.D. 1853.
James C. Clark, Clerk of the County Court
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State of Tennessee
Grainger County
On this 2nd day of April 1853 Before the subscriber a Justice of the peace Personally appeared Jacob Purcapile a credible Witness (to me well Known) and made Oath that he is well acquainted with Malinda Treece the foregoing officiant.  That he was at the wedding of Michael Treece and the aforesaid Malinda that said Michel and Malinda were married on the 15th day of September 1812 in Claiborne County Tennessee By George Brock Esqr he further swears that said Malinda has not intermarried but is still a widow.
Jacob his X mark Purcapile
Sworn to and subscribed Before me
Jonathan Noe
Justice of the Peace for said County
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148537 Act. Mar. 3
May 25th/55
Malinda Treece wid of
Michael Treece Priv
Revolutionary Pensioner
Widow has been pensioned
28600 [illegible] May 29/56
Tenn [illegible] 53 - 3447
[illegible] 26/56
[illegible]
R. Humphreys
Leesburg
Tenn
[illegible] R. Humphreys Mar 21/56
Vol T. page 138
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148.537.
Bounty land claim
Declaration of Malinda Treece
War of the Revolution
Filed 1855
By
R. Humphreys agt.
Leesburg
Washington County
Tennessee
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State of Tennessee
Grainger County
On this second day of May A.D. One thousand eight hundred and fifty five personally appeared before me the subscriber a Justice of the peace within and for the County and State aforesaid, Malinda Treece aged Sixty years a resident of Grainger County in the State of Tennessee who being duly sworn according to law, declares that she is the widow of Michael Treece deceased, who was a soldier in the Revolutionary war and that the said Michael Treece was a Revolutionary pensioner at the time of his death at the rate $33 1/3 dollars per annum payable at Knoxville Tennessee Agency. 
She further declares that she was married to the said Michael Treece subsequent to the year eighteen hundred; And that she is now in the receipt of a Pension of 33 1/3 dollars per Annum under the act of February 3d 1853. payable at Knoxville Tennessee and refers to the proof now on file in the Pension Office at Washington.
She makes this declaration for the purpose of obtaining the bounty land to which she may be entitled under the act of Congress approved March 3rd 1855 granting bounty and additional County land to certain officers and soldiers who have been engaged in the military service of the U. States.  She also declares that she has never applied for, nor received any County land warrant under this or any other law of the United States, And she hereby Authorizes R. Humphries to receive said warrant as her Attorney.
Malinda her X mark Treece
We G.W. Noe and J.J. Noe residents of Grainger County in the State of Tennessee upon our souls declare that the foregoing declaration and affidavit were signed & acknowledged by Malinda Treece in our presence, and we know her to be the identical person she
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represents herself to be, and that she is now a widow.
G.E. Noe
J.J. Noe
The foregoing declaration and affidavit were sworn to and subscribed before me on the day and year above written; And I certify that I know the officiants to be credible persons that the claimant is the identical person she represents herself to be, and is now a widow and I have no interest in this claim.
Jonathan Noe
Justice of the peace
State of Tennessee 
Grainger County 
I certify that Jonathan Noe Esq before above
The foregoing declaration and affidavit were sworn and whose genuine official signature is hereto attached was at the time of signing the same a Justice of the peace of and for said County and State and I have no interest in the claim.  Witness my hand and seal this 14th day of May 1855
James McAnally Clerk of the County Court of said County
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No. 1933
Malenda Freece widow of Michael 
August 16/53[?]
Let. to agt- Gray
Allow $33.33 per annum to commence Feb. 3-1853.
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28.600
[illegible]
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148.539
[Stamp] JONESBOROUGH P-[illegible] A MAY 21
Hon. L. P. Waldo
Commissioner of Pensions
Washington D.C.
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148.539
Malinda Treece wid Michael
Bounty land claim 
Boynton 
148.539
Apl 3/56
(Stamp) JONSBOROUGH Te. Apr 11
Hon J Minot Com. of Pensions
Washington D.C.
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Jun 4 1856
Appl. of Malinda 
Treece or Trecie wid.
of Michael
[illegible]
Tennessee
13711
Act 3rd Feby 1853
Rev:
DEPT OF THE INTERIOR. 
Pension Office, Official Business
Jas Kyle McAnally
Redwood
Grainger Co
Tenn
Allowd $33 33/100 [illegible]
to Com. Feb 3 1853
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Pension Office
Aug 16/53
Sir
Please report time of last payment to or death of within named pensioner
Respectfully F. Burt Esquire
3 Aud
S. Cole
for Comm
Present
Michael Treece $33.33
Act 1832: - Paid to 4th Sept. 1840 no date of
death on our Books.
F. Burt
Auditor
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Revy  WIDOW, &C.
File No. 7359
Malinda Treece
Widow
Michael Treece
Prvt Rev War
Act: Feb 3rd 1853
Index: - Vol. M, Page 280
Arrangement of 1870
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Treece
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Brief in the case of Malinda Treece widow of Michael Grainger County and State of Tennessee act of February 3-1853
Claim, ("original," or "for increase.")
Proof exhibited, (if original)
Is it documentary, traditionary, or supported by rolls?  If either, state the substance.
Husband a pensioner under act of June 7, 1832 at $33.33/100 per annum
Allowed $33.33/100 per annum to commence February 3, 1853
(If for increase.)
Has additional evidence been filed since the admission of the claim?  If so, what?
Marriage proved by Jacob Purcaple of said Co. by certificate of subscribing magistrate.
Death of pensioner proved by credible witness.
Identity of widowhood proved by certificate of Justice
Name and residence of Agent
Jas Kyle McAnnally
Beans Station Grainger Co. Tenn. 
("Redwood" entirely crossed out)
Examining Clerk,
JL Gray
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State of Tennessee
Grainger County
I Jonathan Noe a Justice of the Peace for the State and County aforesaid before whom Malinda Treece Sworn to and subscribed a declaration for a Revolutionary Pension under the Act of Congress passed Feby 3rd, 1853, do hereby certify that said Malinda Treece is unable to get before the court of this county by reason of her bodily infirmity without great danger & hazard of her life.  I further certify that I am well acquainted with aforesaid Malinda and know her of my personal knowledge to be the Widow of the Identical Michael Treece who was a Revolutionary Pensioner.
Given under my hand and seal this 28th day of AD 1853
Jonathan Noe
Justice of the peace in & for the County aforesaid
State of Tennessee, I James C. Clark, Clerk of Grainger County, the County Clerk in and for the County and State, aforesaid, hereby certify, that Jonathan Noe, Esq, whose name appears to this certificate, is and was at the time thereof an acting Justice of the peace in and for the County aforesaid, duly Commissioned and sworn, and I believe his signature to be genuine.  Given under my hand and seal of office at office in Ruttledge, December 28th A.D. 1833
James C. Clark, Clerk of the County Court
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Grainger County, Tennessee
December the 30th 1853
Dear Sir,
Inclosed [Enclosed] you will please find the certificate of Esq. Jonathan Noe in the case of Malinda Freece Widow of Michael Freece late a Revolutionary Pensioner.
If the Proof is Satisfactory Please forward her certificate to me at Beans Station Tennessee.
I have the honor to be your Obedient Servant
James K. McAnally
L. P. Waldo Esqr.
Commissioner of Pensions
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Micheal Treece
Transfer
from -private
10 months. $33.33/100
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Br?ief objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Michael Treece which require further proof or explanation.
I.  Does the declaration show where the applicant resides?  Yes
II.  Did the declarant make the declaration in the county where he resides?  Yes
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?  Yes
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 amount of pension he is entitled?  No 
VI   Has he given the names of the officers under whom he served, in conformity with the regulations?  Yes
VII.  Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?  Yes
VIII.  Has the Court given their opinion?  Yes
IX.  Has the Clerk given his certificate?  Yes
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?  Yes
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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?  Two citisens citizens)
XII.  If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?  No
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? Yes
XIV.  If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility?  (no reply)  Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?  (no reply)
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?  (no reply)
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?  7.
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 the applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service.  The use of the phrase "about three or four months" is too indefinite, and all such qualifying expressions are objectionable.
QUERE XIV. Proof of Service
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the 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 office, under his seal of office.
QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated 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 end of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
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Red Wood Grainger County Tennessee
May 28th 1853
Sir,
Inclosed Please find the declaration of Malinda Treece Widow of Micheal Treece for a Revolutionary pension under the Act of Feby 3 1853.
Please to forward her Certificate to me at Red Wood Tenn. If the proof is correct.
With respect I am your Obt Servt.
James Kyle McAnally
L. P. Waldo Esq.
Comr of Pensions
Washington City D.C.
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Jonesboro Tennessee
April 10th 1856
Sir, The Revolutionary Bounty land Claim of Malinda Treece No. 148.537 suspended for want of record evidence of service as reported in your letter of March 21st 1856.
As for any other proof than that now on file to be had, is impossible, and I am informed here that Congress by resolution has done away with that necessity, and if that is the case, you will please report accordingly.
Yours Very Respectfully
R. Humphreys agt.
for Claimant
Jonesboro
Tenn.
Hon. J. Minot