Revolutionary War Pension and Bounty Land Warrant Application File R 6846, for Johin Mallary, Virginia
Page 1

[typed form, with handwritten responses]

(8-1776)

Service
Va.

Mallary, Johin or John 

Number
R6846

Contents
Born May 15, 1761
Res. at enl. Brunswick Co. Va.
1839, Residence Hawkins Co. Tenn.
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34820
Declaration  of 
John Mallory
Tennessee

205.382
on roll page 199 a
pr. of Inf. # 36
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Declaration in order to obtain the benefit of the provision made by the act of Congress passed June 7th 1832

State of Tennessee} 
Hawkins County} SS 
On this 1st day of April 1839 personally appeared in open Court before the court now sitting John Mallory [sic] a resident of the County of Hawkins & State aforesaid aged seventy-eight years 1st May next, he 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 1778 in the latter part of the month of October or 1st of December of that year, with Capt. John Williams and served in the 9th Virginia Regiment of the Virginia line under the following named officers. His Captain was as before stated John Williams, his Major he thinks was McMahon, his Col. Lee. He enlisted for the term of three years. 
He resided in Brunswick County Virginia within about 40 miles of Petersburg. He marched from Brunswick Court House [several Illegible words crossed out] with his Regiment sometime in the Spring following, to South Carolina passing through North Carolina by way of Hillsborough & Salisbury to the Catawba River and after remaining there four or five months he, with his Regt., was marched to Granville County North Carolina near Granville Court House, and after remaining there about two [or ten] months was marched to Guilford Court House and remained there until after the Battle of Guilford [March 15, 1781] which to place sometime in the month of March 1781 in which battle this declarant was, from thence he was marched back to Virginia to York Town, and was also present in the different engagements with the Brittish [British] which resulted in the Capture of Lord Cornwallis [October 19, 1781] in the latter part of
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October 1781, that he received an Honorable discharge Shortly after the taking of Cornwallis which was signed by his Capt. and also he thinks by his Col. but which was left by this declarant with his brother in Virginia, and soon after which this declarant went to sea and has continued on the ocean as a Seaman ever since until about 18 months ago when he reached New Orleans & from thence came to this County. He was not aware of his being Entitled to a Pension until very recently. He is not able to produce his discharge as he has not seen his brother for about 20 years ago. 
He hereby relinquishes every claim whatever to a pension or annuity except the present, and he declares that his name is not on the pension roll of any agency in any State. 
Sworn to and subscribed the} 
day & year aforesaid} [Signed] Johin Mallary
Jas. M. Hord, Clk [Clerk]

And the said Court do hereby declare their opinion that the above applicant was Revolutionary Soldier and served as the States 
I James M Hord Clerk of the County Court of Hawkins County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John Mallary for a Pention [pension] In testimony whereof I have hereunto set my hand and seal of office at office in Rogersville this 1st day of April 1839 
Jas M. Hord Clk [Clerk]
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October 6, 1838

XXXXXXXXXXXXXXX

BA-J/MCS
Johin Mallary, R. 6846
Own

Mrs. John B. Moyer
3430 Kromer Avenue
Everett, Washington

Dear Madam:

Reference is made to your request for information relative to John Mallory, a Revolutionary War solider who was born May 19, 1761, lived in Brunswick County, Virginia, and applied for pension in 1839.

The data which follow were obtained from papers on file in the pension claim, R. 6846, based on the military service of Johin (personal signature) or John Mallary.

He was born May 15, 1761. The place of his birth and the names of his parents were not given.

He applied for pension on April 1, 1839, while living in Hawkins County, Tennessee. He alleged that while living in Brunswick County, Virginia, about forty miles from Petersburgh, he enlisted in October or December, 1778, and served three years in Captain John Williams' company in Colonel Lee's Virginia regiment and was in the battle of Guilford and the siege of Yorktown. The claim was not allowed as he failed to furnish proof of the alleged service in accordance with the requirement of the pension law.

He stated that he went to sea and continued to live as a seaman until about 1837.

He referred to a brother (name not given) who lived in Virginia. One Robert Mallary, born in July, 1764, in Hanover County, Virginia, and reared in that county, was living in Hawkins County, Tennessee, in 1839. He stated that John Mallary (Revolutionary War soldier) was reared in Petersburgh, Dinwiddie County, Virginia, and that they were second
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cousins. The soldier had a cousin, Philip Mallery, who served in the Revolution but he was dead in 1840. there are no further family data.

Very truly yours.

A.D. Hiller
Executive Assistant
to the Administrator
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John Mallary
Tennessee
Suspended
[crossed out - let 21 Aug 38 D Harden let 7 Feb 1840 Nov A McClellan d. 31 March 1840]

6846
Act 7 June 1832
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[typed form, with handwritten responses]

[crossed out - Acts of July 14, 1862, and March 3, 1876]

[stamped] REJECTED

6846
P.O. John Mallory
Service:
Enlisted: _____________________, 18___,
Discharged: _________________, 18___,
Application Filed: ___________, 18___,
Alleges:_____________________________
Re-enlisted:_________________________

1852 Sist gives fol. reason for suspension: "For proof of identity with the soldier of the Va. line."

Attorney:__________________________________________
P.O._______________________________________________________________________________________________
________ Recognized. ___________ Contract
__________Cert. of Dis.  Searched for ______, 18
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D. Alexander
Aug 21, 1839
ol
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War Dept. Pen Office 
Augt [August] 20, 1839 

Sir
The claim of Charles Gibson has been the examined and W. Hill Esq Secretary of State at Raleigh N.C. has been written to for proof of his alleged service. 
The of John Mallary has also been examined and his declaration filed with [suspended?] case. Before a final decision can be had in his case satisfactory proof should be exhibited of his being the identical person of that name who served in the Virginia line.

D. Alexander Esq 
Rogersville 
Ten 
[/ certs. \?]
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Rogersville, Tennessee 
October 30th 1839 

J. L. Edwards Esqr [Esquire]
Sir Enclosed I send to you the affidavit of Robert Mallery a resident of this County as to the Identity of John Mallery - I hope it will be satisfactory – 
I have the honor 
to remain Your obt [obedient] Servant 
D. Alexander
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Hon. A. [cut off]
Feb. 7, 1840

O. C.
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100

War Dept Pen Office
Feb. 7, 1840

Sir:
The affidavit of Robert Mallary in the case of John Mallory, has been examined and filed. The witness should state more fully the particulars of his knowledge of the applicant having served in the Virginia line before a final decision can be had. 

O C

Hon. A. McClellan 
H. R / sent
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free A. McClellan

J. L. Edwards Esqr [Esquire]
War Dept. Pension Office
Washington D C

[written sideways] Mar 31, 1840
John Mallary

Hon. A. McClellan
H. R.
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Washington City
March 30th 1840 

J. L. Edwards Esqr [Esquire]

Sir

Herewith I enclose you the affidavit of Robert Mallery in relation to John Mallerys claim for Pension I hope it will be deemed sufficient please have the case examined and send me the Certificate as soon as convenient 
Yours Respectfully 
A. McClellan
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Hon: A. McClellan
March 31, 1840

O. C.
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409

Pen Office 
March 31, 1840 

Sir,
The amended affidavit of Robert Mallory in that case of John Mallory has been examined and filed with his other papers. The evidence of his being the identical person of his name who served in the Virginia line is still unsatisfactory. Further evidence will be required in order to a favorable decision in this case 

Hon. A. McClellan 
H. R. 

O. C 
sent
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Feb. 6, 1840

Tenn.

J. Malory [Mallary]

Hon. A. McClellan
H. R.

[written sideways] 
Honl [Honorable] J. L. Edwards
War Department
Pension office
Washington D. C.
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Washington City 
Feby 5th 1840 

Sir:
I have received a letter from Din Alexander Esq. (of Rogersville Ten.) saying that he forwarded the papers of Mr. John Mallery for a Pension last summer, and requesting me to enquire of you whether you received some additional proof as to his identity, which he forwarded to you some two months since, please let me know the situation of his case & oblige yr. friends & 
Obt [Obedient] Servant 
Abm. McClellan
Hon.l [Honorable] J. L. Edwards
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[typed form, with handwritten responses]

[circular stamp with Numbers 1 -12 around the outside] RECEIVED AUG 31 1938 MAIL SUB-DIV, VETS. ADM. READER #14

August 27, 1938

The Veterans' Administration 
Washington, D. C. 

Dear Sirs: 

I would like an abstract of pension application of John Mallory, a pensioner of the American Revolution. 

He was born May 19, 1761 and lived in Brunswick County, Virginia. His application was made in 1839. I would appreciate all family data. 

Thanking you for your kindness, I am 

Respectfully yours, 
[signed] (Mrs. John B.) Julia M. Moyer

Mrs. John B. Moyer, 
3430 Kromer Avenue, 
Everett, Washington.
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State of Tennessee Hawkins County 
Personally appeared before me Nicholas Fain a Justice of the peace in & for said County Robert Mallery [Robert Mallary?] aged seventy-six years or thereabouts, and being duly sworn states that he has heard a letter read from the commr [Commissioner] of Pensions J. L. Edwards Esquire to the Honorable Abraham McClellan, in which he is requested to state more fully the particulars of his knowledge of the applicant, for a Pension John Mallery in relation to his having served in the Virginia line – All that this deponent can't state is that he is well satisfied the said John Mallery enlisted as stated by him in his declaration heretofore made out, he believes the period he enlisted for was either three or four years & affiant believes he served about three years or perhaps more in the Virginia line but not having been in the service himself affiant cannot name any of the officers he served under, but during the period of the Revolutionary War this Affiant was well acquainted with the applicant being a cousin of his And he is further well satisfied that the present applicant is the identical same man. 
Affiant further states that the said John had a cousin by the name of Philip Mallery [Philip Mallary?] who was also in the service at the time above
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stated, but affiant has understood said Philip has been dead for some time past. 
Further this deponent saith not. 
N. Fain, JP
[Signed] Robert Mallery

State of Tennessee} 
Hawkins County} I certify that Robert Mallery a reputable citizen of Hawkins County and entitled to full credit, and also that he is of the age he represents himself to be 
In testimony whereof I have hereto set my hand this 11th day of March 1840
N. Fain J.P.

Washington City
Dist. Of Col. 
I certify that Nicholas Fain whose Signature is to the above certificate is an acting Justice of the Peace for Hawkins County in the State of Tennessee and that the signature is in his own proper hand writing given under my hand this 30th March 1840
A. McClellan 
of Tennessee
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State of Tennessee Hawkins County 
Personally appeared Robert Mallery a citizen of the County and State aforesaid aged seventy five years last July before me the undersigned a Justice of the Peace for said County and being duly sworn according to law deposeth & saith That he is well acquainted with John Mallary an applicant for a Pension, that they were both raised within about forty five miles of each other, in the State of Virginia – that he this affiant was born and raised in Hanover County and said John was raised in Petersburg in Dinwiddie County – that he believes the said John is the same identical person who served in the Virginia line. This affiant states he is a second cousin to said John. 
Sworn to & subscribed before me this 28th day of October 1839.
[Signed] Robert Mallary
Thos. J. Lee, Justice of the peace for Hawkins County

I certify that the said Robert Mallary is a credible person whose statement and we believe upon.

Thos. J. Lee J. P.
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State of Tennessee Hawkins County
I James M. Hord Clerk of the County Court in & for the County aforesaid, do certify that Thomas J. Lee Esqr [Esquire] whose name appears to the within power of attorney as such and was at the time of signing the same an acting Justice of the Peace in and for said County that his signature appears to be in his own proper hand writing.
Given under my hand & seal of office at office in Rogersville this 30 day of October AD 1839
Jas M Hord Clk [Clerk]
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Rogersville Tennessee 
April 18th 1839 

Sir

Herewith You will receive three claim for Pensions Towit John Mallery’s, Charles Gibson’s and Nancy Johnson’s - The pension certificate of her husband Moses Johnston & forwarded with two or three others, Sometime afd [aforesaid] to you –
Mr. Gibson says his name will be found on the roll in the Secretary of States Office Raleigh, North Carolina

I remain very respectfully 
Your obt. [obedient] Servant 
D. Alexander 

J. L. Edwards Esq