Revolutionary War Pension and Bounty Land Warrant Application File R. 3004, Elijah Donathan, Ga.
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(3-1776)
SERVICE                                            NUMBER
Ga.             Donathan, Elijah             R. 3004
                                    Rachael
CONTENTS

                                                                         W.
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State of Virginia   }
County of Wayne }  Sct.
on this 4th day of December one thousand
eight hundred and fifty, personally appeared before the undersigned a Justice of the peace
for said County, Rachael Donathan a resident of said County aged ninety seven years who being first duly sworn according to law, doth
on her oath make the following declaration
in order to obtain the benefit of the provision
made by the act of Congress, passed July 4th 1836. That she is the widow of Elijah Donathan, who was a private in the Company of Georgia Militia minute service in the Regiment commanded by Col. Bivins. That he was draughted or volunteered into the minute service of the United States in Wilkes County
State of Georgia on or about the sixth day
of October 1776 or 1777, and was marched
by Captain Hawkins under whom he was
enlisted, from the County of Wilkes, to a place then called Seven Mile Fort in Hawkins in the State of Georgia where he remained in said Fort to Garrison the same, until the month of May following, and that I went with him to the Fort, and remained in the same during the time he was there stationed, (owing to the Country then being inhabited by the Indians) (as well as now recollected) the time I remained in the  Fort with him, was from September or October, to some time in the month of May following, making about eight months, and there being a requisition for an expedition to Florida, those
stationed in
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the Fort were called out, and marched (by
what officers I do not know) to St. Augustine
in Florida, where he remained in the service
until the latter part of September or October
1777 or 1778 as well as I can now recollect, perhaps it might have been in the year 1778,
when he was marched from Seven Mile Fort Hawkins I did not accompany him to Florida but returned and staid with my friends, where I remained until his return from Florida, which was in the fall of the year 1778 or 1779. And further I have always been told by my husband while living, that he remained in actual service
of the United States, under one and the same
engagement for the term of two years and upwards, and that he was prevented from being discharged at the city of St Augustine in the summer or fall of 1778 owing to sickness, and permitted by Col Clark to return without it, and never did receive one by reference to Capt Hawkins pass. or certificate hereto annexed as a part of my declaration. She further declares that she has no documentary or record evidence of the services of her husband, and therefore relies upon her own oath, and the evidence of Capt Maxwells certificate and that of Capt Hawkins, a part of which is torn off and lost, in support of her claim and refers to the muster rolls of the War Department, and Adjutant Generals Office, where she believes the name of her husband is enrolled, in support of her claim, and that her claim to a pension will be granted her, as she knows her claim to be a meritorious one, and being old, infirm and entirely blind she is in great need of the same, and has no
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means of her own, and has to rely entirely on
the bounty of her friends. She further declares
that owing to her blindness, and extreme old
age, she is unable to attend in Court, to make
her declaration.
She further declares that she was married
to the said Elijah Donothan on the Fourth
day of October Seventeen hundred and
Seventy seven; that her husband, the aforesaid
Elijah Donothan died on the Second day of January eighteen hundred and twenty four, and that she has remained a widow ever since that period, as will more fully appear by reference to the proof hereto annexed.
Sworn and subscribed, on the day and year
above written, before Samuel Webb a Justice of the peace for Wayne County and
State of Virginia.
Rachael Donothan [X and the words "her mark" appear between first and last names]
Erased and underlined before being Executed.
[Numerous cases of this in the document]
Samel Webb JP.W.C

State of Virginia, Wayne County Sct.
I Samuel Webb a Justice of the peace for said County, do hereby certify that Rachael
Donothan, the above named applicant is well known to me, and that she is a person entitled to credit. And I further certify that owing to bodily infirmity, she is unable to attend in Court. Given under my hand this 11th day of December 1850.
Samel Webb J.P.W.C.

State of Virginia, Wayne County Sct.
on this       day of December 1850 personally
appeared before me the undersigned a Justice
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of the peace for said County, Sally Watts
aged Fifty three years, who being duly sworn
according to law, deposeth and saith, that
she has been well acquainted with Rachael
Donothan, the within applicant for a pension
ever since she could remember, and has
known her as the wife of Elijah Donothan
from that time, up to the time of his death,
and that the said Rachael Donothan has
remained his widow ever since his death,
and now is his widow.
Sally Watts [X and the words "her mark" appear between first and last names]

Subscribed and sworn to, the day and
year above written. And I hereby certify
that Sally Watts, the above deponent is well
known to me, and that she is a credible
person
Samel Webb J.P.W.C
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Holson Donnathan a son of Elidgah Donnothan was born in the year of our Lord on the 20 of December 1778     [S]

DONATHAN, ELIJAH
(GA.) R. 3004
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This is to Certify that Mr. Donthan A Soger has been at my house by sick for this last week past 
and is now Got Better & by the Help of God is intending to go Home
S. Me Thos Maxwell Capt.
26th August 1778
Libery County
[Unreadable Stamp]
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no. 7.700
AI
Rachael Donathan Declaration
for A. Pension
Va
Act 4 July 1836 --

Presented by me 
Geo. F. Hatcher of 
Louisa Ky
by
Jno M McCalla
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State of Kentucky Lawrence County Sct.
This day personally appeared before me the
undersigned a Justice of the peace for the County and State aforesaid, Moses Wills a resident of said County aged about Eighty years, who being duly sworn according to law, deposeth and saith, That he is the Brother of Rachael Donathan, the widow of Elijah Donathan, who was a Soldier in the
Revolutionary War. He further deposeth and saith that he does know that the said Elijah Donathan did serve in said War two years, and probably upwards, he having enlisted into the service in Wilkes County State of Georgia,  under Captain Hawkins, about the years 1776  or 1777 or 1778 (he does not recollect) and went from that County into the service and remained in said service for two years or
upwards. He further deposeth that the said
Elijah Donathan was married to the said Rachael Wills (now Rachael Donathan) at the time stated in her Declaration, he having saw in her possession a Certificate to that effect, and also being present at the marriage. He further swears that she now is the widow of said Elijah Donathan, and has remained his widow ever since the death of her husband.
Moses Wills
Subscribed and sworn to before me this 14th day of January 1851, and I certify that Moses Wills the above affiant is personally known to me, and is a person entitled to credit, and that he is too infirm to travel to Virginia to give his deposition, Interlined before being executed
B Burk J.P.L.C.
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State of Kentucky }
Lawrence County  } Sct.
I, George F. Hatcher Clerk of the County Court for the County & State aforesaid, do certify that Benjamin Burk whose name is subscribed to the foregoing certificate of the Deposition of Moses Wills, on the application of Rachael Donathan for a pension was, at the date of said certificate & now is a a Justice of the peace for said County, duly commissioned and qualified, and that the foregoing signature purporting to be his is genuine

In testimony whereof I have
hereunto subscribed my name
and affixed the seal of said
Court this 14th day of January
AD 1851.
George. F. Hatcher Clk
{Seal was affixed to the left]
.
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State of Virginia, County of Wayne Sct
I, Hugha. Bowen Clerk of the Court for the County and State aforesaid do certify that
Samuel Webb, whose name is subscribed to the foregoing certificate is a magistrate as above and that the foregoing signature purporting to be his is genuine
In testimony whereof I have
hereunto subscribed my name
and affixed the seal of said
Court this 25th day of January
1851
H Bowen Clk
[Seal was affixed to the left]
I desire the foregoing papers in my application for a pension, examined and compared
with the Muster Rolls in the proper office
and if I am entitled to a pension, I desire
the same to be made payable at the
Agency at Louisville Ky. by reason of it
being the most convenient place to
draw the same, being on the border of
Virginia, and the nearest place of payment
Rachael Donathan [X and the words "her mark" appear between first and last names]
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[Nothing legible appears on image]
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DONATHAN, ELIJAH
(GA.)  R. 3004
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State of Georgia
Wilks County [Illegible seal appears to right]
We
the County
The barer hereof Elijah Donathan [Illegible] to
a [medical] [Case] has been in our [House] [Illegible] in the minet War's and has [Illegible]
and was disappointed of geting a Discharge by 
sickness and now cant go to Col Clark for his discharge with ought being in danger of the Injins and he has a mind to travel to Virginia to his family and the 
[Rest of document is illegible and torn off]
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[Acts notations at top of document are lined through]

3004.
P. O.
Rachael Donathan 
Service: ______________________
Enlisted: __________________, 18
Discharged: ______________, 18
Application filed: _________, 18
Alleges: ______________________
Re-enlisted: __________________ 
Attorney: _____________________
P. O. __________________________
_____ Recognized. _____Contra
_____ Cert. of Dis. Searched for _____, 18

{Stamped REJECTED across document]
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Aug 2 / 52
Addl [proof] for case of Rachel Donathan widow of Elijah 
Maj Ruby
Appeal Case to the Secy
Hank H. Stanton
H Reps.
Hon R H Stanton
H Reps.

[Right Margin]
DEPARTMENT OF THE INTERIOR
Pension Office, Official Business
Commissioner
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No 7.700
Rachael Donathan
widow of Elijah
Va
Act 4th July 1836
M M McCalla May 22 1851
S. M. Knight Oct 28/ [Illegible]
Rejected
See decision of Secy within
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Correspondence
Case of
Rachael Donathan
Act 4th July 1836.
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House of Reps.
Aug 2 1852
Sir,
I enclose a letter from Geo F. Hatcher, of Louisa, Lawrence Co, Kentucky, accompanied with several papers, which you will please examine, and answer Mr Hatcher at Louisa
With respect
Yours ve
R. H. Stanton
Jas E. Heath, E
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Department of the Interior
Washington March 27th, 1852.
Sir
I herewith return the papers in the case of Rachel Donathan your decision in which is affirmed the evidence being entirely too vague and unsatisfactory: You will please advise Mr. S M Knight the attorney of the Claimant of the result.
I am very respectfully
Your Obedient Servant
Alex H. H. Stuart
Secretary

James E. Heath, Esqr.
Commissioner of Pensions
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45.      Nov. 10th 1851
Washington D.C.
Nov 6 / 51
S M Knight
Appeals from the decision of the Com Pensions in the Case of Rachel Donathan.

Triplete

Refd to the Com of Pensions for a report
D D [Illegible]
Nov 10 / 51
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Washington Nov 6 1851
Hon. A. H. H. Stuart
Sir
An appeal from a late decision of the Com. of Pensions in the case of Rachel Donathan a claimant under Act of July 4th 1836 instead of being directed to the Secretary of the Interior was by mistake addressed to the Attorney General.
The papers are now on file in the Pensions
Office, and the Com. of Pensions informs me
"that the appeal must be directed to the Sec
of the Interior with whom the final decisions
of all questions arising under the Pension Laws,
rests,"
I respectfully request that the appeal alluded to, together with the original papers in the case be sent for, and the facts therein
contained and upon which a dissent from
the decision of the Com of Pensions is based,
be considered at an early day-
Respectfully
Your Obdt Svt
S. M. Knight
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Brief
Case of Rachel Donathan
Act
July 4th 1836.
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Brief
Rachael Donathan: for Benefit of the Act July 4, 1836.
Evidence
1st  Declaration of claimant dated Decr 11. 1851. in which she claims for two years service of her husband Elijah Donathan decd as a private in the Georgia Militia from October 1776 or 1777 until sometime in the year
1778 or 79 - a part of which time she was with him in garrison.
2nd  Affidavit of Moses Wills aged about 80 years, who swears that he knew Elijah Donathan to have served two years in the Revolutionary war or upwards -- and that Rachel Donathan was married to said Elijah Donathan at the time stated in her declaration
Viz. Oct 14th 1777-- (Wills is brother of claimant)
3rd  Two old Scraps of paper one without date & signature, the other dated 26th August 1778 & signed Thomas Maxwell Captain stating that Elijah Donathan was a soldier &c.-- The credibility of the declarant & witness are certified to in due form, this is all the evidence in the case and is all attached in paper marked AI.
Respectfully submitted
N. Cleary
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Washington July 25 1851
Hon. Com. of Pensions
Sir
At the request of George W. Hatcher Esq who appeals from your late decision in the case of Rachel Donathan a claimant under Act of July 4 1836. I submit for further consideration by yourself and the Hon. Attorney General the papers herewith enclosed - with a request that the final decision in the previous may be made known, and addressed to the undersigned, at the earliest practicable period.
Respectfully
Your Obdt Set
S. M. Knight
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Elizabeth Sutherland
Benj. Sperry
Rachael Donathan
Pension claims
Com. of Pensions May 22 / 51
Suspends for addl. evi.
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Pension Office
May 22. 1839.
Sir:
The case of Elizabeth Sutherland applying for a pension under the Act of July 7. 1838, is very imperfectly sustained. It was that her husband lived till 1839 without making any application for a pension. It is alleged, indeed, that he attempted to [frame] one or two depositions in his favor, but these efforts were so unfortunate as to be made in each instance just as the man was on the point of being drowned or dying by disease. The husband therefore wisely conceived that no pension could be granted if no evidence could be obtained, and I fear
that the same rule will have to apply to his widow. I would remark, however, that the
Virginia militia were never enlisted for 3 years; that prisoners of war were never compelled to  enlist with the enemy, and that not a single officer named by her was ever in the militia or continental service of Virginia.
The declaration of Benjamin Sperry is equally unsupported by evidence. The
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usual record and parole testimony will be
required in his case.
The papers filed to support the claim of
Rachael Donathan do not establish her
husband's services. It must be shown that
he served as much as 6 months by the
testimony of witnesses who were in service
with him, or by record evidence supported by witnesses who know that he was the man to whom that record states. Her marriage as to its dates should be sustained by record evidence or it must be conclusively shown that none such exists. You must be aware that we are
slow to believe the justice of claims which
the parties have been so slow to apeal as in these cases.
Very Respectfully
Your Obt Ser
JE Heath
Com of Pensions

J. M. McCalla by
Present
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Louisa
Kentucky June 28th 1851.
Commissioner of Pensions, Washington City
Dear Sir
The decision on the application of Benjamin Sperry, Rachael Donathan & Elizabeth Sutherland, dated the 22d day of May last is received, and upon due examination of
the case of Rachael Donathan, and upon consultation with her she desires an appeal from the decision of the Pension Office to the Attorney General upon the following grounds to wit - 
1st  It is believed that under the rules of the Department, the former opinions of Attorney General Butler, Wert & others that the claimant is not bound to prove the service, of her deceased husband by living witnesses who knew personally of his services, but she believes the same must be proven by record evidence, in the absence of parole evidence,
2d  She is of opinion, that the papers now on file with her declaration, amounts to record evidence of the services of her husband, and that the same are fully sufficient to show that he is the identical Elijah Donathan, spoken of as her husband, in her declaration.
3d  It is believed that she is not bound to prove her marriage by record evidence, when no such record is in existence, and if it were in existence, it is six or seven hundred miles from where she lives (now in Wayne County Virginia) She has proven the same by the oath of her brother who swears it was celebrated at the time and place in her declaration mentioned, he being present, he also swears that he is the same Elijah Donathan who was in the service, and Sally Watts swears she is his widow.
4th  It is believed that under the rule laid down in the opinion of the Commissioner of  Pensions in this case, no claim under the Act (July 4th 1836)
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could ever be established. (at so late a period as this) and that if such rule is enforced, that no application need ever be made under that act, by the widow of an old Soldier
5th  It is not known what is meant by the word
"Record evidence" if it does not mean evidence of the service of the applicant, on the Records in the department or Muster Rolls. And that, the commissioner in rejecting the claim does not say whether there is record evidence or not, but that proof must be made by record, and witnesses both. These rules we think are more rigid, than the spirit of the act in favor of widows of Old Soldiers ever contemplated. We understand the law, and rules are to be viewed in the most favorable terms for the widow
so as not to allow fraud to be practiced on the
department &c. In consideration of the previous we respectfully appeal from the above decision in the case therein refered to, and ask a full and fair examination of the papers in the case, together with the law under which we claim, and the former Opinions of Attorney Generals Butler & others on like cases.
With great respect
I am sir your Obt Sert.
George, F. Hatcher for
Rachael Donathan
P.S. on the subject of the length of time, without application for the pension for a widow, I do not see any law, rule, or any thing else which is to govern her right at any time. And therefore think that, that is to have no baring in the case. There is not one widow in one thousand who knows she is entitled to a pension under any law until told so by some agent or attorney, Particularly those residing in the mountainous country. Geo. F. Hatcher
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Louisa Ky June 28th 1851.
Sir, After my respects, you will Perceive from the enclosed letter of the Commissioner of Pensions, that the claim for a Pension for Rachael Donathan has been rejected or
suspended for further proof, and from which
decision I take an appeal for her to the Attorney General, and earnestly believe that the same will be reversed, and that her pension which I know to be a just one, will be granted her. In preparing the papers in the case. I am
fully of opinion that the law, and rules of
the case are fully complied with -- I am of
opinion that the two papers (one of Capt Maxwell the other of Capt Hawkins, whose name and date I lost, being torn off) does amount to record evidence of his being in the service, one was dated in 1777, the other in 1778, which shows he could not go to Col Clark to get a discharge, on account
of the Indians, which shows that he was entitled to one. I cannot for my life conceive how the commissioner could reject such proof, and if such proof has to be rejected, the widow of the Old Soldier is entirely cut off from her hard earned rights, and must suffer out a miserable existence of penance and want. I therefore desire on her part a fair investigation of her case, and cannot believe, but what the opinion herein will be reversed, and a pension granted according to the law of the case.
I am with great respect
your Obt Servt.
Geo F. Hatcher 

Honl J.J. Crittenden
Attorney General

PS. The above case you will perceive is made out,
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under the act of July the 4th 1836, and we
think is fully sustained by Record evidence;
She swears emphatically, she was married on the 4th of October (or thereabouts) 1776, and that her husband Elijah Donathan, enlisted or entered the service on the 6th of the same month two days after their marriage, and that the papers refered to herein show that he was in the service in 1777 and 1778. And further,
that we think the pass signed by Captain
Maxwell, (and the other which had been
signed by Capt Hawkins, whose name, and
the date thereof I have accidentally lost, of
which fact. I am ready to testify to dated
in 1778. I think in October) is good and
sufficient evidence of the service of said
Elijah Donathan, and as no Record of
marriage exists, and that we have proven
by Parole evidence, the marriage, we are of opinion the law has been complied with in that particular, and the Rules of the Department heretofore.
With great respect,
I am Sir your
Obt Servant
Geo. F. Hatcher for
R. Donathan
I would like to see you personally at
Washington, and see how the affairs of
our General Government is carried on,
especially by our Native Kentuckians.
Respectfully
Geo. F. Hatcher
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Louisa Lawrence Co. Ky July 24th /52
Honl. R. H. Stanton MC
Sir, After my most sincere respects to you as one of our old devoted Democratic friends, I take the liberty of asking of you a small favor, in presenting the enclosed papers, and filing them with the Commissioner of Pensions.
The enclosed old Pass or Parole to Elijah Donathan, I wish to have filed in the papers in the application of Rachael Donathan for a Pension, the case has been examined, and rejected, from which decision there was an appeal to the Secretary of the Interior, and suspended for further proof. I desire the old paper herein enclosed, filed in the case and a rehearing to be had on it, or otherwise the old lady wishes her case taken before Congress, where she is of opinion she will succeed. There cannot be a doubt as to the service of the old man (see the other papers on file) If the case is
again presented to the Secretary of the Interior
or Commissioner of Pensions. I am of opinion that it will pass. For your trouble you shall be liberally paid, provided the old woman can succeed, either in the Department of the Interior, or in Congress, the other papers for Bounty Land, will have to await their turn. There is also papers filed by the Heirs of Catharine Sullivan for arrearage of Pension due them which they are anxious to hear from, we
think they are bound to succeed, please
have them called up for hearing, as
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soon as convenient, so that if anything is lacking, we may supply it.
I fear I have asked allmost too much at one time, but will say if you can render the parties any aid, and they can succeed, in any way, that from the amounts succeeded for, that you shall
be paid the amount you may please to charge, subject to your order to me for.
On the score of our nomination by the Baltimore Convention, it seems to give universal satisfaction, and we think that Kentucky will go by a handsome majority for Pierce & King. -- There is considerable disaffection among the Whigs on the subject of Compromise, & other important measures, that seems too hard for them to take. The Whigs generally are Whigs under all circumstances, when they are called upon to act. --
I will, nevertheless say that Kentucky goes certain for Pierce & King, together with every State South of the Mississippi, Ohio & Potomac, and West from Michigan to Oregon, & many others.
I am Sir with 
much respect your
Obt. humble Svt.
Geo. F. Hatcher

Honl. R. H. Stanton
& all the Democracy
& the rest of mankind.
Washington City &
Elsewhere.

PS. turn over
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The case of my old Mother in Law Mrs
Elizabeth Burns, filed in 1840, it does
seem to me ought to be heared, and either
rejected or allowed, there is some dificulty
about the time of marriage, (Please see
the papers on file) In this case, if the
evidence will not sustain the case under the
act of 1838, let is pass under the act of 1848, tho there is no doubt she is Justly entitled under the former act - her husband was an old Pensioner, the service is allready proven, and no dificulty only the date of marriage -- her claim is either 16 years, or 4 back. The old lady thinks you can get it allowed for 16 instead of
4, says she is justly entitled to the longest
period back, -- she is the mother of the late Rowland Burns of Greenup Co Ky. with whom you was acquainted as a member of the Bar and Legislature.
Please let me hear from you at the earliest convenience.
Respectfully &c
G. F. Butcher

Honl
R. H. Stanton
MC

Why do the Whigs work so slow.
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THE NATIONAL ARCHIVES
Form VAM-51
12-5-41
BOUNTY LAND WARRANT RECORD CARD*
Division of Veterans' Administration Archives
NAME Donavan, James
GRADE Private
LINE Pennsylvania
WARRANT NUMBER 9285
ACREAGE  100
ISSUED April 30, 1793
to Alexander Power, assignee

*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent
dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.