Revolutionary War Pension and Bounty Land Warrant Application File S. 34991, for John Mc Kay, Maryland
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Service
MD

McKay, John
or McCay

Number 
S.34991
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4064
Maryland Roll

John McKay or McCay
Capt. Shepperd
Private
Maryland Line 4
in the army of the United States during the Revolutionary War.

Inscribed on the roll of Maryland at the rate of eight dollars per month to commence on the 5th of May 1818

Certificate of Pension issued the 3rd of October 1818 and sent to P.G. Hands, Baltimore

Arrears to 4th of Sept 1818 3 Mos 26/31 & 4/30 - $31.76
Semi-anl all'ce ending 4 March 1819 $48.00
$79.76

{Revolutionary Claim Act 18th March, 1818}

continued
three years
Notification sent to [illegible]Philip Moore Baltimore MD
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State of Maryland
City of Baltimore

On this fifth day of May in the year of our Lord one thousand eight hundred and eighteen personally appeared before me the undersigned John McKay alias McCay now residing in Baltimore County aged fifty-four years or there abouts an applicant for a pension under the late act of Congress entitled "An act to provide for certain persons engaged in the land and naval service of the United States during the Revolutionary war" and then and there made the following declaration upon oath by me administered; That he enlisted at the age of about fourteen years at George Town in Kent County Eastern Shore of Maryland sometime in the summer of 1780 to the best of deponents recollection and to Chester Town and from hence ordered with other recruits to Annapolis there mustered in Captain Shepperd's company of infantry in the State regiment commanded by Col. Smith, was sent on to Philadelphia with about twenty other boys under Lieut. Middleton to carry horses which had been purchased for the public service - after remaining at the barracks at Philadelphia about three weeks was ordered with about 200 others to the Head of Elk from thence transported by water to Annapolis where he joined Captain Sheppard's company drew his clothing and marched with said regiment to Alexandria, thence to
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to Fredericksburg, then a through Richmond to Petersburg, from thence to Hillsborough, where they joined a part of Green's army, after Gate's defeat, thence marched to Salisbury, thence to [illegible] Hills, where they joined the main army, Col. Smith's Regiment was then detached to Haleys Ferry on Pedee River, as a look out guard, from thence marched and joined the main army near Guilford Court House, crossed Dan River to near Prince Edwards Court House, soon after the Regiment was broke up, the men transferred to file other Regiments and the officers sent home; deponant was sent as a waiter to Lieut. or Capt. Lane, who returned to Annapolis there deponant joined some troops, which were under command of General Smallwood, received a furlough to go home; returned and joined Capt. Francis Revelley Company in Col. Adams Regiment, then marched to Williamsburg Va. there joined the main army under Genl. Washington, proceeds to the drive of York; after the surrender of Cornwallis, marched to the Southward in said company in what was then called "4th Regt." to guard artillery and ammunition to supply General Green's army at " Pond Pond" in S. Carolina, where they joined the army, marched to Bacons Bridge and after various movements crossed over to James Island to Winter quarters, where they lay until Charleston was illuminated for the ratification of Peace; about the month of June; put on board a vessel , returned to Annapolis, then received a furlough without date- which furlough he left with a certain John Browning and has long since been lost.   That his name hath never been inscribed on any pension list, therefore hath none to relinquish, and that from his reduced circumstances he needs the assistance of his country for support.
Jam McCay

Subscribed and sworn to before me
Wm. McMechen
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City of Baltimore Sc.
I hereby certify that from the foregoing declaration made before me this day on oath, it appears to my satisfaction that the said John McKay, alias McCay served in the Revolutionary War, against the common enemy on the Continental establishment and is entitled to receive a pension under the late Act of Congress.

May 5th 1818
W. McMechen
Associate Judge
 Balt. City Courts

City of Baltimore Sct.
On this fifth day of May 1818, personally appeared before me the subscriber associate Judge of Baltimore City Court, William Simmons, and being duly sworn on the Holy Evangely of Almighty God, saith that he knows John McCay an applicant for a pension, that the deponent served in the war of the revolution with the said John McCay in the same Regiment of the Maryland line & that he the said John McCay was a  faithful soldier.
William his mark Simmons
Sworn & subscribed to before me

W. McMechen
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Hon. Sir/
You will please forward the "pension certificate" when issued directly to John McCay "care of Thomas Bailey, Esquire" Post office Baltimore
J McCay
Witness 
[illegible] Handy

State of Maryland
City of Baltimore Sct.
I Thomas Harwood Clerk of Balimore City Court do hereby certify that the Honorable William McMechen Esquire, before whom the foregoing proceeding were taken and certified and who hath thereunto subscribed his name, was at the time of taking and certifying the same, and still is associate Judge of Baltimore City Court, duly commissioned and qualified and to all his acts as such, full faith and credit is and ought to be given.

In testimony whereof I have herewith subscribed my name and affixed the seal of the said court this fifth day of May in the year eighteen hundred and eighteen

Th. Harwood Clk.
Baltimore City Court
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John McKay alias McCay
4,064
March 1829
Continue
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SCHEDULE.
=
United States of America
(A.) Maryland District SS
On this fifth day of September 1820, personally
appeared in open court () (B.) in the District
Court in and for the (C.) District of Maryland
John McKay Alias McCay aged Fifty Six years
resident in the City of Baltimore in said (D.) District who being first duly sworn, according to law, doth, on his oath, declare, 
that he served in the Revolutionary War, as follows: (E.) That he enlisted at George Town in Kent County Maryland in the summer of 1780 mustered in capt Shepperd's company in the State Regiment commanded by [illegible] number no now recollected but was afterwards broke up to fill
other regiments and the officers sent home and Deponent being [illegible] he came forward to Capt Lane who returned to Annapolis from the Southward and there joined some troops under Gen. Smallwood was afterwards ordered into Capt Francis Revelies Compy. in Col Adams Regiment and with him joined the main army and proceeded to the siege of York from thence to South Carolina in the 4th Regiment crossed over to James Island and remained until peace was proclaimed, returned to Annapolis there discharged from Capt Baileys Company, and then unlimited Furlough that he made his original declaration before Judge Brice at Balt. about 5 May 1818 as his pension certificate no 406.

and I do solemnly swear, that I was a resident citizen of the United States on the 18th
March, 1818; and that I have not, since that time, by gift, sale, or in any manner, disposed
of my property, or any part thereof, with intent thereby so to diminish it as to bring
myself within the provisions of an Act of Congress, entitled, ""An Act to provide for
certain persons engaged in the land and naval service of the United States, in the Revolutionary
War,” passed on the 18th day of March, 1818; and that I have not, nor has any person in trust for me, any property, or securities, contracts, or debts, due to me; nor have I any income other than what is contained in the Schedule hereto annexed, and by me subscribed.
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That he hath no property of any kind or nature what so ever- That he hath no family- That he hath been a sailor but in consequence of I'll health was under the necessity of quitting the occupation and has for several years past obtained a bare subsistence by laboring about the country, until being at length unable to procure board for his labor was received into the Maryland Hospital where is still permitted to remain as a matter of courtesy- He is utterly incapable of labor, and in such reduced and indigent circumstances as to be unable to support himself without the assistance of his country or from private or public charity.

John McKay

Sworn to and declared on the 5th day of September 1820 before this district court aforesaid

I, Philip Moore Clerk of the said Dist court do hereby certify, that the foregoing oath, and the schedule therto annexed, are truly copied from the record of said court; and I do further certify, that it is the opinion of the said court, that the total amount in value of the property exhibited in the aforesaid schedule is _____dollars ____ cents.

In testimony whereof, I have hereunto set my hand, and affixed the seal of the said court, on this 21 day of September 1820

Philip Moore
Clerk of the dist Court for the Dist of Maryland
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The whole of the form prescribed in the first section, to verify the amount of property of the applicant, the oath of the party, and the certificate of the clerk excepted, must be done while the court is in session.
All are courts of record, within the contemplation of the Act of Congress:
1st. Which are expressly made courts of record by the laws of the State which create them;
2d. Which have been solemnly adjudged, by the tribunals of the several States, to be courts of record;
3d. Which proceed according to the course of the common law, with a jurisdiction unlimited in point of amount;
4th. Which have the power of fine and imprisonment;
And courts which proceed according to the civil and canon law, having neither of those attributes, are not courts of record, although they may keep a registry of their proceedings, and possess a seal.
The court should, in every instance, state, on the face of the proceedings, that it is a court of record, and state why it is such. - (Opinion of the Attorney General of the United States)

DIRECTIONS FOR FILLING UP THE BLANKS.
A. District,-- circuit, county, or corporation, as the case may be.
B. State why a court of record.
C. After repeating the district, circuit, county, or corporation, insert the declarant's name.
D. District, circuit, county, or corporation.
E. Here set forth the regiment, company and line; or ship, corps or vessel, and the date of the original declaration; and if he has received a pension, the number of his pension certificate should be inserted.
F. Here enumerate each article of real and personal estate, necessary bedding and clothing excepted, and subscribe the same. The declarant must also mention his occupation, his ability to pursue it, the number and names of his family residing with him, their ages, and their capacity to contribute to their support, in order that the department may be enabled to decide whether the applicant is in such indigent
circumstances as to be entitled to the pension. It is the opinion of the Attorney General, that the words of the third section of the Act of the 1st May, 1820, ""in such indigent circumstances as to be unable to support himself without the assistance of his country," comprehend those only who are incapable of supporting themselves without the aid of the government, except by private or public charity.
Extract of a CIRCULAR LETTER from the War Department, to the several Agents for
paying pensions enclosing the foregoing Form
"For the guidance of persons already on the pension list, or who may hereafter make application for that purpose, it may be proper to state, explicitly, that as experience has proved the necessity of a rigid adherence to particular forms in such cases, no instrument of writing drawn up contrary to this form can be admitted as a proper voucher."
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34991
Revy INVALID
File No. 34,991
John McKay
Pri Rev War
Act: 18th March 18
Indes:-Vol.2, Page 264
[Arrangement of 1870]
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faith and credit are and ought to be given as well in Courts of Justice as thereout

In testimony I have hereunto subscribed my name and affixed the seal of the said Court this twenty seventh day of July in the year of our Lord one thousand and eight hundred and eighteen
Th. Harwood Clk.
Baltimore City Courts

In: McCoy or McKays, Dec for pension certificate to be sent to Thomas Baily Esq. or P. [illegible] Hand.
Baltimore
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City of Baltimore Sct.
Be it remembered the  [illegible] twenty seventh day of July in the year of our Lord one thousand eight hundred and eighteen, personally appeared before me the subscriber one of the Associate Judges of Baltimore City Courts, James Richardson who being duly sworn on the Holy Evangely of Almighty God, deposeth & saith that he is acquainted with John McCay and was present at the time, the said John McCay made his declaration as an applicant for a pension.  That the Deponent enlisted the said John McCay in the month of Juy one thousand seven hundred and eighty in Kent County on the eastern shore of Maryland as a soldier in the ninth company of the eighth Maryland Regiment, on the Continental Establishment for three years as during the war.  The deponent further saith that he said John McCay continued in the army from the time of his enlistment until the end of the war, having served three years and upwards as a soldier in the revolutionary
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army in the Continental Establishment.  the deponent also States that he has seen the declaration of the said John McCay hereto annexed & doth verily believe that the facts therin stated are true & that the said John McCay is very poor & in reduced circumstances.
Sworn & subscribed before me this twenty seventh day of July one thousand eight hundred and eighteen.

James Richardson
Sworn & subscribed before me.
Wm.McMechen
Associate Judge
Baltimore City Courts
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City of Baltimore to wit:

I hereby further certify that from the foregoing declaration made before me on oath and the depositions of William Simmons and James Richardson two disinterested and credible witnesses hereto annexed, it appears to my entire satisfaction that the said John McCay alias McKay, served in the war of the revolution against the common enemy on the Continental Establishment for three years and upwards in continuance, and that he is in reduced circumstances and needs the support of his country and is entitled to receive a pension under the late Act of Congress given under my hand this 27th day of July 1818.

Wm. McMechen
Associate Judge
Baltimore City Court
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State of Maryland City of Baltimore to wit:

I Thomas Harwood Clerk of Baltimore City  Courts do hereby certify that the Honorable William McMechen before whom the foregoing proceedings  were taken and certified and who hath thereunto subscribed his name was at the time of taking and certifying the same and still is an associate Judge of Baltimore City Courts duly commissioned and qualified.  And to all his acts as such full faith and credit are and ought to be given as well in Courts of Justice as thereout.

In testimony I have hereunto subscribed my name and affixed the seal of the said courts this twenty seventh day of July one thousand eight hundred and eighteen.

Th. Harwood Clk.
Baltimore City Courts

In: McCoy or McKay Dec for pension certificate to be sent to Thomas Baily Esq. or P. [illegible] Hand
Baltimore