Revolutionary War Pension and Bounty Land Warrant Application File S. 16946, for Robert Mc Gill, New Jersey
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(3-1776)

SERVICE
New Jersey

McGill, Robert

NUMBER
S16946

Carded
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19548

Indiana

Robert McGill
Of Lennybo in the State of Ind. who was a Pr in the Co. commanded by Captain Seaburn of the reg't. commanded by Col. Hunt in the N.J.  line for 9 mos.

Inscribed on the Roll of Ind. at the rate of $30 Dollars - Center per annum to commence on the 4th day of March 1831

Certificate of Pension Issued the 17th day of Aug. 1833 and John Walker Vernon

Arrears to the 4th of March 60
Semi-anl. allowance ending 4 Sept 15th

75

Revolutionary Claim
Act of June 7, 1832

Recorded by Dan Boyds, Clerk
Book # Vol 7 Page 120
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Declaration of Robert McGill in order to obtain the benefit of the Act of Congress of the 7th June 1832

State of Indiana
Jennings County

On this eleventh day of February one thousand eight hundred and thirty three personally appeared before the Probate Court of the County of Jennings did state aforesaid, held before the Honorable Chapman Dinslow, Judge of said Probate Court at the February Term of said court Robert McGill a resident of said county of Jennings and state aforesaid aged seventy four 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 7, 1832.  That on the first day of September in the year 1776 he was drafted as a militia soldier in the Army of the United States, and served a tour of three months in the Regiment commanded at that time by Colonel Hunt and signed as his captain Hals Capt. Cornwell and under Captain Seaburn and that he was drafted and entered the service at Somerset County, state of New Jersey. And further that he entered as a private soldier and volunteer afterward to list on the 15 of December or thereabouts in the year 1776 at the said County of Somerset and State aforesaid and served as such soldier until the first of March in the year 1777 under the following named officers Colonel Winds, Major Davis and Captain Parker Marking a term of service of two months & fifteen days and that afterwards to wit on the first day of April in the year 1777 that he was drafted at the aforesaid county of Somerset & state aforesaid as a private soldier and served as such for the period of two months.
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under the command of Colonel Frelinghuysen Major Butler and Captain Parker and that on this first of November following he was again drafted at the same county and state aforesaid as a militia soldier and served as such under Colonel Ellis, Major Middick, Capt Abraham Ten Eyck one month and that afterward to wit on or about the 12th day of June 1778 he volunteered as a private soldier at the county and state aforesaid and served as a sub under Colonel Frelinghuysen Major Middick and Captain Parker at the Battle of Monmouth fifteen days making in all nine months of actual service by him performed as a private soldier and that he was in the Battle of Monmouth, Piscataway, Bound Brook and several skirmishes and that his march during the period above mentioned were wholly within the State of New Jersey and that he was no documentary evidence in his possession and that he knows of no person except John George (whose affidavit is herein forwarded) whose testimony he can procure who can testify to his services.  He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name if not on the Pension Roll of the agency of any state, sworn to and sub scribed in open court on the day and year aforesaid.

Robert McGill

Sworn and subscribed to in open court
Chapman Denslow Judge
Probate Jennings County Indiana
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We John Varstin a clergyman residing in the county of Jennings and State of Indiana and Amos Knapp residing int he same county hereby certify that we are well acquainted with Robert  McGill who has subscribed and sworn to the above declaration, that we believe him to be of the age of 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

John Nawten Clergyman 
Amos Knapp
Sworn and subscribed to in open court on the day and year aforesaid
And the said court hereby declares its opinion after the investigation of the matter and after putting the interrogatories presented by the War Department which interrogatories are answered as follows upon oath to 2 pts.
1.  He says he was born in Somerset County New Jersey in April 2, 1758
Ans 2.  He has no record of his age that he can exhibit in court
ans. 3rd.  He was living in somerset County and State of New Jersey when he entered the service and removed in the year 1780 to Allman County Kentucky and from thence removed in the year 1831 to the county of Jennings State of Indiana
Ans 4.  He was called in to service by voluntary enlistment and draft as in his declaration mentioned.
Ans.5. The names of the officers are the same in his declaration mentioned as far as he can recollect.
Ans 6.  He did not receive a discharge nor did any volunteer or drafted soldier belonging to his company as he is informed and according to the best of his recollection.

over
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and --- He is known to William C. Braman in his neighborhood County Surveyor of said County of Jennings, who can testify to his validation for veracity and his belief of his services as a soldier of the Revolution 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 John Vawter who has signed the preceding certificate is a Clergyman resident in the County of Jennings and that Amos Knop who signed the same is a resident in the County of Jennings and is a credible person and that their statement is entitled to credit.
Sworn & Subscribed to in open Court Chapman Densbow 
Judge of Probate Jennings 
County Indiana 

State of Indiana 
Jennings County }
I John Walker Clerk of the Jennings Probate Court, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John McGill for a pension
In testimony whereof I have hereunto set my hand & seal of office at [illegible] 18th day of February 1835 
John Walker Clk
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No 23057
Robert McGill
Indiana

From 1776 Private
9 months
$30

John Walker Clerk
Jennings County Court
Vernon Pullman
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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 subscribed 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.

A STATEMENT, showing the service of Robert McGill Jennings Co. Indiana
  [taken from a tabulated form, listing each column separately]

Period when the service was rendered

1776 Sept 1, Drated 3 months
Vol. Dec 15 1776 served til March 1 1777
April 1, 1777, Drafted  2 months
Nov. 1 drafted 1 month
1778 June, vol. 15 days

Rank of the Claimant:

Private

Names and rank of the company officer under whom he served

Capt Seaburn Col. Hunt
Cap Parker, Col winds
Capt Parker, Col Frelinghuysen
Cap. Deon Eyck , Col Ellis
Capt.  Parker, Col. Frelinghuysen

Battles in which the applicant was engaged.

Rombough
Piscataway
Monmouth

Country through which he marched:

NJ

Place of abode when he entered the service and age at the present period

Aged 74
Somerset County N.J.

Evidence by which the declaration is supported:

Testimony
Living witnesses

Making in all nine months of actual service

I am respectfully, Your obedient servant
J.L. EDWARDS, Commissioner of Pensions
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2
REGULARTIONS 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 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 this 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 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, 1862.

State, Territory, or District of
County of
ss
on this (blank) day of (blank) personally appeared (a) before (blank)AB. a resident (b) of (blank) in the county of (blank) and State, territory or District following declaration, in order to obtain the benefit of the provision made by the act of Congree, passed June 7th 1832.  That he enlisted int he Army of the United States in the year (d) (blank), with (blank) and served in the (blank) resident of the (blank) line, under the following named officers:  (blank)
[Here set for 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, an 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 the officers and persons who belonged to the militia, volunteers, navy, &c]

He hereby relinquishes every claim (f) 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, or (if any) only on that of the Agency in the State of (blank)
Sworn to and subscribed the day and year aforesaid.

A.B.

[And then will follow the certificate of the Court]

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

In testimony whereof I have hereunto set my hand and seal of office (i) this day of (blank) &c.
If, on examination of the proper record the names of the 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 State Troops of Virginia, will make and subscribe a declaration similar i e the foregoing, with the following additions, vis:

(k) We, A.B. a Clergyman, residing in this (blank) and C.D. residing in (the same) hereby certify, that we are well acquainted with (blank) who has he subscribed and sworn to the above declaration; that we believe him to be (blank) 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 day 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 certified that it appears to them that A.B. who has signed the preceding certificate is a clergyman, resident in the (blank) and that D.D, who has also signed the same is a resident in the (blank) and is a credible person and that their statement is entitled to credit.

I, (blank) Clerk of the Court of (blnak) do hereby certify that the foregoing contains the original proceedings of the said Court, i the matter of the application of (blank) faor a pension.

In testimony whereof, I have hereunto set my hand and seal of office this (blank) day of (blank) &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 therewith as may have a tendency to throw light upon the transaction.

If such surviving witness cannot be found, the applicant will so state i his declaration (1) 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 his alleged service, as they are known at the Department.  A very full account of the services of each person
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8

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 detectinfg the imposition, if one be attempted; and unless therefore, these are amply and clearly set forth, no favorable desicion 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 of his case.

The court will propose and the following (m) interrogatories to all applicants for a pension on account of service int he Militia, State Troops, or volunteers, except the Militia of New Hampshire and the State Troops of Virginia.

1. Where and in what year were your born?
2.  Have you any recordof your age, and if so, where is it?
3.  Whre were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?

4.  How were your 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 hyour 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 he answers to these questions are embodied in the declaration and that 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 hte Court, without too much expense and inconvenience to him, two respectable persons - one of whom should be the nearest clergyman, if one lives int he 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 int hat 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 every 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 person and will also certify that the applicant cannot, from bodily infirmity, attend the Court.

Whever any official act is required to be done by a Judge or Justice of a Court or Record, or by a Justice ofthe peace, the certificatge of the Secretary of State or Territory , or of the propr Clerk of the Court ot County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court o Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.

No payments can be made on account of the services of any person, who may have died before the taking effect of the at 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 Opoen Court, unless prevented from doing so by reason of bodily infirmity; inwhich 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 period of the war when he served.
(e)  Every continental officer or soldier must give the name ofht he colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had.  Every claimant must state, with presision, the length of hihs serevice, and the different grades in which he served, in language so defginite 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 under signed, a Justice of the Peace &c. A.B. Who, being duly sworn, deposith 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:  (blank) For (blank) year (blank) months, and (blank) days, I served as a (blank) for (blank) months and (blank) days, I served as a (blank) 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 helf, 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 phrases  about three or fout months, is too indefinite, and all such qualifying expressions are objectionable.  some persons who apply for pensions merely state that they serviced two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service.  This form of a 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 le.
(g)  The opinion 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 not device or inscription by which it can be distinguished from any other seal, or if he has not 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 PAPERS.

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 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 ethe 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 declarant must state the fact.
(m)  The answers to the interrogatories must all be written and sent to the War Department with the declaration.

Pryor Castor
S Clerk
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16946

INVALID

File No. 16946

Robert McGill
Priv Rev War

Act:  June 7 32
Index: Vol. 1, Page 248
[Arrangement of 1870]
Page 12

Vernon Ind.  
June 28

Free

Pension Office
Washington City
Page 13

Vernon Indiana Jennings County
June 28th 1833

Sir:

Enclosed are the pension papers of Robt McGill which have been returned for an error in not expressing the aggregate amount of service in his second term mentioned in his declaration.  The correction has been made and as it does not change the amount of service as sworn to I return the documents for the acceptance of the Dept.  Please forward the result to me as early as practicable.

J.L. Edwards Esq.
John Walker Clerk I.C.C,
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State of Indiana
Jennings County
SS

I John George a resident of the County of Marion and State of Indiana after being duly sworn as a witness for Robert McGill a resident of Jennings County and State aforesaid in order to enable the said Robert McGill to obtain the benefit of the provision made by the act of congress  passed June 7 1832 do solemnly swear that I have a knowledge that the above named Robert McGill in the year 1776 did serve as a militia soldier in the army of the United States three tours of duty in said army in Somerset county state of New Jersey under the command of the following named officers Captain Seaburn, Cpt. Joyn McCoy, Captain DeGroto, the Colonel of the Regiment this deponent believes to have been of the name of Hunts and this deponent further believes that the said Robert McGill served at each tour from one to three months and I have often heard of the said McGill performing more duty but of this I have no personal knowledge & thus then saith not.

John George
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State of Indiana
Jennings County
 Personally at court before me Ezra F. Peabody one of the Judges of the Jennings Circuit Court John George and swore to and subscribed & the within affidavit this 13th day of August 1832.  Ezra F. Peabody, Judge

I moreover certify that the above named John George is a man of sufficient age to know the facts to which he testifies and that he is reputed to be a man of credibility.

E.F. Peabody
Judge