Revolutionary War Pension and Bounty Land Warrant Application File S. 1693, for William Mc Lusky, South Carolina
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(3 - 1776) 

SERVICE 

S. C. CONTENTS
McLusky, William 

NUMBER S. 1693. 
carded-
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CONTENTS
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22059 

West Tennessee
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William M Lusky of Weakley Co in the State of Tennessee who was a private in the com commanded by Captain Carlisle of the regt commanded by Col Hays in the S Carolina line for 6 months 
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Inscribed on the Roll of West Tennesee at the rate of 20 Dollars___ Cents per annum, to commence on the 4th day of March, 1831. 
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Certificate of Pension issued the 30 day of Sept 1833 and John A Gardner    Dresden
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Arrears to the 4th of Sept    50. 00 
Semi-anl. allowance ending 4 March 10.00 
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                                               $60.00 

{Revolutionary Claim,} 
{Act June 7, 1832.} 

Recorded by Danl  Boyd Clerk, 
Book E Vol. 7 Page 89
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26.607
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State of Tennessee} 
Weakley County} 
On this 8th day of April 1833 personally appeared in open Court before the Court of Pleas and quarter Sessions now sitting, William McLusky a resident of Tennessee & County of Weakley aged about sixty seven 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 act of Congress  passed June 7th 1832 
That he entered the service of the United States under the  following named officers & served as herein stated 
He states he entered the service about the year [1781] under Gen. Green, Col Hays & Majr. Noble & the name  of our Capt was Francis Carlisle - under these officers I served two months in 15 or 20 miles of Charleston - the British forces at this time had of possession of Charleston & our officers marched us in the direction to that place for the purpose of besieging it, but was diverted from their object, by some circumstance I do not now recollect. 
At the time I entered the service I lived in the County of Abbeville in the State of South Carolina - when I left this service & returned home I received no discharge from my officers & consequently am unable now to produce one When I entered the service under Genl Green I was drafted for two months, which I served as above stated instant without being in any engagement whatever. 
As soon as I left the army under Genl Green I volunteered under Genl Pickens & served four months - Anderson was our Colonel & the name of my Capt was Norward. 
During this term of my service we frequently had skermishes with parties of Tories in the County of Abbeville South Carolina, and I was present at the seige of 96 which we kept up two or three weeks, & while we were engaged in drawing a line of circumvallation around the place, a Reinforcement of the British arrived from Charleston & we were compelled to raise the siege and evacuate the place 
We then went into parts of N. Carolina; and passed in our rout through Burke & Mecklenburg Counties without meeting with either British or Tories in our way
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Shortly after the siege of 96 the Indians & Tories united in the upper part of Abbeville County and was spreading five & devastation over the County when we were marched against them by our officers, and dispersed them after having a few skirmishes - 
This I think must have been in the date of 1781- I entered the service in 1781 & quitted it in 1781 as well as I can now recollect, and I never received a discharge from any of my officers - I have no documentary evidence of my service, nor do I know of  any person living in this Country by whose testimony I can provide it - I hereby relinquish every claim to a pension or annuity except the present, and declare that my name is not on the pension roll of the Agency of any State - 
Wm McLusky

Sworn to & subscribed the day & year aforesaid The reason the declarant has not procured the certificate of Clergyman is, that he is not sufficiently well acquainted with my residing in his neighbourhood
William U. Johnson Clerk 

Isaac Cruel & James Smith residing in the County of Weakley and State of Tennessee, hereby certify that we are well acquainted with William McLusky who has subscribed and sworn to the above declaration; that we believe him to be sixty seven years old; that he is reputed and believed in the neighbourhood where he resides, to have been a soldier of the revolution, & that we concur in that opinion. 
James Smyth
Isaac Cruel

Sworn & subscribed the day & year aforesaid William U Johnson 

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 & served as he states And the Court further certifies that it appears to them that Andrew Miller & James Smith who has signed the preceeding certificate as [illegigbke] in the County of Weakley, and are credible persons, and that their statements are entitled to credit 
Caleb Brasfield 
I. F. Outhouse 
Dennis Cochran
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State of Tennesee} 
 County }
I William H Johnson Clerk of the Court Pleas & quarter Sessions do hereby certify that the fore going contains the original proceedings of said Court in the matter of the application of William McLusky for a pension - 
In testimony whereof I have hereunto set my hand & seal  of office this 10th day of April 1833 Wm H Johnson   Clerk
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26.607 

William McLusky 

Weakley Co 
Tennessee 

from 1781 private 
6 months. 
$20. 

John A. Gardner 
Dresden 
Tennessee
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WAR DEPARTMENT, 
Pension Office, 

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 shew 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 compling with this request, greatly facilitate the investigation of your claim. 

A Statement showing the Service of William McLusky
Period when the service was rendered. 
1781
“ 
Duration of the claimant's service. 
Years

Months
2 
4. 

Days

Rank of the claimant.
Pre
“ 

Names and rank of the Field officers under whom he served 
Col Hays 
Capt Carlisle 
Col Anderson 
Cap Norrand 

Age at present, and place of abode when he entered
64
S.Car. 

Proof by which the declaration is supported. Traditionary 

I am, respectfully 
Your obedient servant 
J. 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 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 general places at night, and were not  recognized as being in actual military service. 

Four 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, mucicians or privates, will, in the first instance, make application by transmit ing 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, 1832. 
State, Territory, or District of } ss. 
County_____} 
On this__day of ____personally appeared (a) before____ of in the county A B. a resident (b) of_____in the county of______and State, Territory or District____aged___ 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 officers: 

[Here set forth 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, 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 named applicant 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 names 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 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____ 
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 believe him to be 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 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. who has signed the preceding certificate is a clergyman, resident in the____ 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 the Court of____ do hereby certify 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, this____ day___ of & 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 in his declaration,(l) 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
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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, if 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 of 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 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 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 the 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 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 inquiry whether the belief is general, and 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 a 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 office, 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 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 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. 

[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 confirming to the rule. 
[c]The age of the claimant must invariably be mentioned. 
[d]The declarant must mention the period or periods of the war when he served. 
[e]Every continental officer or soldier 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, 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___dayFor months I served as ____ 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 his service. The use of the phrase “about three or four months” is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served 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. 
[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 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 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 certify 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 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.
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Rev War
1693

INVALID
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File No. 1693 . 
William McLus(ky) 

J. C. Lee 

[*] mo S.C. Line

Act June 7, 1832. 

Index: -- Vol. A, Page 242 

[Arrangement of 1870.]
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August 
Term

26. 607.
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Dresden Ten July 6th 1833 

Dear Sir

Enclosed I send you the Declaration of Mr. McLusky for a Pension, which you can examine whenever the posture of your public avocations render it convienent. If his claim should be allowed by the Department, you will please send his certificate to me, or to him direct; I have been attending to the business for Mr McLusky, and in either case he will get the be benefits of the liberality of the General Government. 
With sentiments of respect. 
your most Obt humbld 
Servant. 
Jon. A. Gardner 

Hon Lewis Cass
Secretary at War  
Washington City 
D.C
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Dresden Ten} 
July 6th 1833} 

Free 

Hon. Lewis Cass 
Secretary at War 
Washington City 
D.C.