Revolutionary War Pension and Bounty Land Warrant Application File R. 157, Hugh Allison, S.C.
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(8-1776)

SERVICE                                      NUMBER
    S. C.         Allison, Hugh           R 157

CONTENTS
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(8-1776)

SERVICE                                      NUMBER
    S. C.         Allison, Hugh           R 157

CONTENTS
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[post marked
COLUMBIA
APR 27] 
free
Hon Luis Cass
Washington DC

May 4
Pension Office
Hugh Allison
25099
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Declaration of Hugh Allison
In order to obtain the benefit of the Act of Congress passed June 7th 1832
State of Tennessee
Maury County
On this 17th day of April 1833 personally appeared before Samuel W Aiken an acting Justice of the Peace and a justice of the county court for the county of Maury Hugh Allison a resident of Maury county and state of Tennessee, aged eighty seven years who being first duly sworn agreeably to law doth on his oath make the following declaration in order to obtain the benefit of the Act of Congress passed June 7 1832 that he entered the service of the United States under the following named officers and served as by therein stated This applicant was born in the state of Pennsylvania and county of Chester in the year 1746 but has lost the record of his age from which place his father removed first to Maryland, and there to South Carolina in York District where he resided at the time he entered the service. He moved from Maryland in the year 1776, and reached South Carolina late in December of that year and in
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a very short time, a few days, he entered the service He remembers that within two or three days after he arrived it was understood that about five hundred tories had assembled on Duncan's Creek in order to drive the Indians who had killed several families, and the people in his neighborhood were called out by Genl Williams to go and attack the tories but upon their arrival the tories gave up without the firing of a gun this applicant was not among the people who went to attack the tories This applicant entered the service as a volunteer under Capt William Byers and the Regiment was commanded by Col Neil or Neal, and Franck Rop Mayor He served under these officers until the death of Col Neil, which took place shortly after the Battle of Kewai with the Indians This applicant was engaged principally in riding through the country and warning in  ring events After the death of Col Neil the command [illegible] upon Col Moffit, and Capt Byers having resigned his commission was succeeded by Capt Barmatte who was soon succeeded again by Capt Jordan the situation of the county was such that the officers were frequently changed, and the soldiers changed places from one part of the country to another as circumstances required The country being then much overrun with tories the soldiers were required to change their situation frequently in order to keep them in check This applicant in company with two others was sent by Col Moffitt on the morning of the Battle at Kings Mountain to a small mountain near the Kings Mountain called Whitakers Mountain where it was understood there
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were a number of horses collected by the Tories, but upon their arrival they saw all the signs of many horses having been there but they had been removed it was supposed to meet Fergurson On his return about a mile this applicant heard the two first guns fired which were fired at the property guards which was the commencement of the Kings Mountain Battle Where this applicant marched the Battle ground Fergurson was killed, but the guns continued firing for some time The American troops were in great distress for provisions, and this applicant was dispatched into the settlements the same day of the battle to procure bread for the soldiers he procured bread and returned the next morning before day [crossed out the British] the Whigs had secured two guns which belonged to Fergurson During the day after the Battle this applicant assisted in carrying the wounded of his company to a place of safety and in burying the dead Wm Watson a brother-in-law of Col Moffit was killed Alexander Caldswell was wounded and died Maj Chrinnich was shot dead The officers remembered by this applicant were Col Cleveland Col Campbell Col Shelby and Col Moffit Maj Hannah who included Maj Ross who was killed  at the battle of Kiwa by the Indians Maj Chrinnich who was killed Capt James Muk commanded the company of this applicant Shortly after the Battle at Kings Mountain this applicant was sent by Col Moffit to the Tuckasege Ford on the Catawba river to see whether there were any re-enforcements from North Carolina for Gen Morgan where this applicant arrived near the place of Rendezvous
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at Mr John Robertson's he learned that no troops had assembled This applicant started back and met two men who had been sent by Genl Morgan on the same business this applicant learned from these two men that they had heard the firing of the Battle of the Cowpens the day before as they crossed at the Cherokee ford this was the first intelligence this applicant received of that Battle On this day this applicant remembers to have seen what seemed to be two [illegible]
and from this circumstance this applicant feared that the Battle of the Cowpens had been decided against his country After this battle this applicant and a Mr Jordan were appointed by Col Moffit to go through the country on Kings Creek and Bullocks creek and elsewhere to procure all the corn of the Tories except so much as would support their families it was known that good crops were made here and the army was in much need of provisions This applicant is confident that he was engaged in active service for at least the space of those years Besides the services of which he was already spoken, he will state himself and his brother Robert Allison were engaged to haul a waggon load of cannon balls from Hayens & Hills Ironworks on Allisons creek down to Charlestown and in that trip lost two horses this trip was made at the time Fort Sullivan was building This applicant will further state that owing to an infirmity in one of his [wrists] rists occasioned by the Rheumatism he was not so well capable of bearing arms but
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did not on that account quit the service he was engaged as already stated in warning a [illegible] in going from post to post to carry and recuse inteligence [intelligence] and much of his time was employed as Assistant commissary and much engaged in supplying the army with beef, port & the provisions He remembers that he was detached by Col Moffit together with four other men to go and take Col Floyd, Robinson & Whitly three tories they succeeded in taking Robinson and carried him before Col Ezekiel Polk, who [crossed out went] undertook to deliver him up to Col Neil, but he was suffered to escape This applicant continued in the service until the country was restored to peace He has no documentary evidence of his services he received no written discharge when he quit the services He knows of no person by whom he can prove his services He moved from SC to Tennessee where has lived ever since 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
Sworn to and subscribed the day and year foresaid Hugh his X mark Allison Seal 
Test
SW Aiken JP
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State of Tennessee Maury County
We Joseph Peyton a clergyman residing in the county of Maury and state of Tennessee John Aiken residing in the same county and state hereby certify that we are well acquainted with Hugh Allison who has subscribed & sworn to the above declaration that we believe him to be 87 years of age that he is reputed & believed in the neighborhood where he resides to have been a soldier of the revolution & that we concur in that opinion 
Sworn to & subscribed the day & year aforesaid
SW Akin JP Joseph Payton seal
John Akin seal
State of Tennessee Mary County 
And the said Samuel W Aikin, Justice of the Peace & Justice of the county court 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 named applicant was a revolutionary soldier and served as he states And he further certifies that it appears to him that Joseph Peyton who has signed the preceding certificate is a clergyman resident said county and that John Akin who has signed the same is a resident in the same county, and is a credible person, and that   their
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statement is entitled to credit The said Samuel Aiken further certifies that the said Hugh Allison is unable from bodily infirmity to appear in court and make his declaration
Saml W Akin JP 
State of Tennessee
Mary County
I Thomas J Porter clerk of the county court of Maury County do hereby certify that the foregoing contains the original proceedings had before Saml W Aiken, in the matter of the application of Hugh Allison for a pension I further certify that the said Samuel W Aiken whose name is subscribed to the forgoing certificate is an acting Justice of the Peace and Justice of the county court of Maury county and that I am acquainted with the handwriting of the said Samuel W Aiken and believe the same to have been signed by him
In testimony whereof I have hereunto I have hereunto set my hand & affixed my seal of office this 25th day of April 1833
Tho J Porter
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No 25099
Hugh Allison
Maury Co
Tennessee
157
Rejected did not serve in a military capacity see letter 05 on May 1833 to TJ Porter Columbia Tennessee
Tho J Porter Clk
Maury Co
Tennessee
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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 show what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus}). You will when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim. Tennessee
A Statement, shewing the Service of Hugh Allison Maury Co
Period when the service was rendered / Vol 1776 
Duration of the claimants service Years/months/days indefinite states his service at not less than 3 years he '[illegible] / Rank of the claimant Private /
Names and rank of the Field officers under whom he served Genl Williams, Capt Byers, Col Neal, Col Moffit /
Age at present and place of above when he entered the service 87 years York District S Carolina / Proof by which the declaration is supported. Traditional evidence certified to be credible 

I am respectfully,
Your obedient servant,
JAMES L EDWARDS
Commissioner of Pensions
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                                                      REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been constructed to extent, 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 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, etc., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefit of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual
military service.  Four general classes of cases are embraced in this law:
1. The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval Service.
4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in the Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians 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 applicants reside. And every Court having by law a seal and Clerk is considered a Court of Record.

                                                                   DECLARATION
In order to obtain the benefits of the Act of Congress of the 7th of June, 1832.
                                            State Territory, or District of
                                             County of
On this             day of                                personally appeared (a) before  
          A B. a resident (b) of                              in the county of                        and State, Territory, or District of           aged (c)            years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d)           , with.        and served in the                (e) regiment of the line,                under the following named offices:

(Here set forth the names and ranks of the Field and Company Officers; the time he left the service ; (and if he server under more than one term of enlistment, he must specify the particlar period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.)

He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of

Sworn to and subscribed the day and year aforesaid.                                           A. B.
        (And then will follow the certificate of the Court.)

And the said Court do hereby declare their opinion (g) that the above was a revolutionary soldier, and served as he states.
I                                                                                     of the Court of
do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of                                                                       for a pension.

In testimony whereof, I have hereunto set my Hand and seal of office (i) this 
                         day of                                          &c.
If, on examination of the proper record, the name of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.

Every applicant who claims a pension by virtue of service in the State Troops, Volunteers, or Militia, except those who belonged to the New Hampshire Militia and the State Troops of Virginia, will make and
subscribe a declaration similar to the foregoing, with the following additions, viz: 

(k) We, A.B., a Clergyman, residing in the                             and C.D. residing in (the same) hereby certify that we are well acquainted with , who has subscribed and sworn to the above declaration; that we 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. and that C.D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.

I Clerk of Court of do hereby certify that the foregoing contains the orginal proceedings of the said Court, in the matter of the application of for pension.

 In testimony whereof, I hereunto set my hand and seal
 of office, this day of &c.

Every applicant will produce the best proof in his power. This is the orginal 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 hid personal knowledge of the service oh the applicant, and such circumstance connected therewith as may have a tendency to throw lightupon 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 material facts, which can be used in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
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                                                                                        3                                                                                         
alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, it one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature ol his case.

 The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Reginents 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 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 certity to the character and standing of other persons giving such certificates.

The traditionary evidence of service is deened very important, in the absence of any direct proof except the declaration of the party.
And the Courts are requested to be very particular in the inquiry whether the belief is general or 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 Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.

Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the
Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of ofice, 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 genine signature.

No payments can be made upon account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case
of death subsequent thereto,and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the
opinion of the Court upon the whole matter.
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(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 of the war when he served.
(e) Every continental officer or soldiers must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:


"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A.B. who, being duly sworn depots and saith, that by reason of ld age, and the consequent loss of memory, he cannot swear positive as to the precise length of his service; but according to the best of his recollection, he served not less than the period mentioned below, and in the following grades: ---For____year_____month____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 service. The use of the phrase about three or four months, is too indefinite and all such qualifying expressions are objectionable. ome persons who apply for pensions mere state they served two years in the militia, &c. without specifying the tours, the names of officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must begin every case, be clearly shown under what officer the applicant severed; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corp 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 n any civil pursuit.
(f) The law makes the relinquishment indispensable.
(g) The opinion of the Court is always required.
(h) The Clerk must give his certificate in every case.
(i) The Clerk must fix 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 certified officer, should accompany the papers.

                                                      Mode of authenticating papers.

In every instance where the certifing officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certiicate 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 case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must verify 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 is
note (j) applies to continental troops only.
(k)This traditionury evidence is indispensable in militia cases.
(l) If a witness cannot be found, the declarant must state the fact.
(m) The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
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Exr. INVALID

REJECTED
Hugh Allison
P.O.
Service
Enlisted 18
Discharged 18
Application filed 18
Alleges
Re-enlisted