Revolutionary War Pension and Bounty Land Warrant Application File S. 33124, for John Montgomery, Virginia
Page 1

[typed form, with handwritten responses]

[3-1776]

SERVICE
Va.

Montgomery, John

NUMBER S.33124


CONTENTS
Page 2

[typed form, with handwritten responses]

Illinois
No [Indiana crossed out] 19319
John Montgomery
of Park Co. [Parke County] in the State of In a [Indiana]
who was a pr [private] in the co [Company] commanded
by Captain Reed of the regt [regiment] commanded
by Col. Campbell in the Va [Virginia]
line for 2 years

368

Inscribed on the Roll of In a [Indiana]
at the rate of 80 Dollars - Cents per annum,
to commence on the 4th day of March 1831.

Certificate of Pension issued the 26 day of Augt [August]
1833 and [sent to] J A Wright Rockville

Arrears to the 4th of March 160.00
Semi=anl. [annual] allowance ending 4 Sept 40.00
200.00

{Revolutionary Claim}
{Act June 7, 1832}
Recorded by Daniel Boyd, Clerk
Book E Vol.    Page 128

[right side] Letter to C. Balance 17 Jany [January] 1839 Cen [Sent] to Pen Agt [Pension Agent] 25 March 1839

To Illinois from 4th March 183[date cut off] 12th April 1839 notification to C. Balance Peoria, Illinois

Letter to 3d [3rd] Auditor 3d [3rd] July 1839
Paid at the Treasury under the Acts of the 6th April 1838 from 4th March 1837 to 4 Sept. 1838. Agt [Agent] notified 20 July 1839

Letter to John Boyle 18 April 1845

Date of death not on AB
Page 3

19.948
John Montgomery
Franklin County
Indiana

Rejected – See letter
13 April 1826.

Hon: J. Noble
U. S. Senate
Aprl. [April] 12, 1826
Page 4

Be it remembered that at a Franklin Circuit Court begun and held at Brookville in the County of Franklin and State of Indiana on the 20th day of March AD 1826 before the Honorable Miles C. Eggleston President Judge of the third Judicial Circuit in the State afd [aforesaid] and the Honorable John Hanna and David Mount Associate Judges of the said Court within and for the County afd [aforesaid]. It being a Court of Record & common law Jurisdiction And Amongst Other things of the said Term are the following To wit
State of Indiana} 
Franklin County} On this 21st day of March A.D. 1826 Personally Appeared in Open Court of the March Term of the Franklin Circuit Court within and for the County and State aforesaid being a Court of Record, John Montgomery resident in said County aged Sixty-two years who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the provisions made by the Acts of Congress of the 18th March 1818 and the 1st May 1820. That he the said John Montgomery elisted [enlisted] into the Service of the United States for the term of five years in the summer of 1777 in Washington County in the State of Virginia in the company commanded by Captain James Dazy [James Dysart] in the Regiment commanded by Colonel William Campbell in the line of the State of Virginia on the Continental establishment that he continued to serve in the said Corps untill [until] after the battle of Gilford [Guilford County Court House] which was on the 15th day of March 1781 but was not discharged until
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sometime in the year 1782 in the State of Virginia. That he hereby relinquishes every claim whatever to a pension except the present that his name is not on the roll of any State except Virginia and that the following are the reasons for not making earlier application for a pension. That he had lost his discharge and had no knowledge until lately that he could prove his enlistment and service as he has done. And in pursuance of the act of the 1st May 1820, I do solemnly swear that I was a resident Citizen of the United States on the 18th day of March 1818 and that I have not since that time by gift, sale or in any manner whatever disposed of my property or any part thereof with intent thereby so to diminish it as to bring myself within the provision of an act of Congress entitled “an act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war” passed on the 18th day of March 1818, and that I have not nor has any person in trust for me any property, or securities, contracts or debts due to me nor have I any income other than what is contained in the schedule hereto annexed and by me subscribed. I have a wife and two children living with me. A farmer by Occupation but I am not able to pursue it. My wife's age is about fifty-three, the age of my children who are living with me being two in number the Oldest is about fourteen years the youngest about eleven both girls and are but little help to me in my Occupation. That my infirmities and indigent Circumstances are such as to induce
Page 6

me to call on my Country for support. That I am unable to support myself without the assistance of my Country. The following is all the property I owe to the best of my recollection To wit, one Mare ten or twelve head of Sheep and about the same number of hogs one pot one kittle [Kettle], three head of Cattle, two dishes & some plates a few knives & forks One Chopping Axe one foot [Adds ?], one plough, two hoes One Gun, One pair of [Stilyards?] & Iron wedge. 

No material changes has taken place in relation to my property since the 18th of March 1818.

Sworn to and subscribed the day & year above written. 
John Montgomery

All of which is ordered to be certified and it is further ordered to be certified that the Court value the property named in the Schedule afd [aforesaid] at Sixty one Dollars and twenty five cents =
State of Indiana} 
Franklin County} I Enoch McCarty Clerk of the Franklin Circuit Court for the County afd [aforesaid] do hereby certify the foregoing to be a correct Copy of the Record in the foregoing case

In Testimony Whereof I have hereunto 
set my hand and affixed the seal 
of our said Court at Brookville 
this 30th day of March A.D. 1826 
Enoch McCarty ClkFCC [Clerk, Franklin Circuit Court]
Page 7

State of Indiana} 
County of Parke: SS 
On this 12th day of September, personally appeared before me John R Porter Circuit Judge of the first Judicial Circuit of the said State and in which Circuit is comprised said County, and before us Robert Mitchell and Eliphalet Allen Associate Judges in and for the Circuit Court of said County John Montgomery a resident of Sugar Creek Township in the County aforesaid aged sixty-eight years one month and seven days, 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 1777 by Thomas Quirk who was a recruiting Officer under Nathan Reed (Captain), and he said Montgomery was placed under Capt. John Snoddy [S.17110] until he would be called upon by said Reed to march in the Continental service (said Snoddy was Captain at Moore's Fort in the then Washington County State of Virginia). Said Montgomery when he marched into the Continental service he served in the 7th Regiment of the Virginia line under the following named Officers; to wit, – Niel his first name not recollected, and instead of marching into said service, under Reed, he marched and served under Captain James Dasey or Dezzard [James Dysart] (the precise sound of the name not recollected); his Major was David Ward; his Colonel was William Campbell – said Montgomery when he enlisted as aforesaid enlisted for five years, and he thinks he enlisted sometime in the month of June of said year and was discharged at the expiration of said five years, and served out one term of enlistment ending sometime in the year 1782.
Page 8

When he enlisted he resided in said Moores [Moore’s] Fort Washington County State of Virginia; he marched from said Fort the spring after he enlisted about 25 miles to Abbington [Abingdon], in the County of Washington State of Virginia where he remained under Captain Dasey until he marched to the Guilford battle in which he was engaged (but a few days before that engagement he was engaged in the skirmish at Whitsells Mills [March 6, 1871, Whitesell's Mill, or Wetzel's Mill]; after said Guilford battle he was sent back to said Moores [Moore’s] Fort and placed under Captain Snoddy where he remained until he was discharged as above mentioned. 

He hereby relinquishes every claim 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 of any State or, (if any) only on that of the agency of the State of Virginia, but believes he has never been placed on the roll of the agency of any State. 
[sentence crossed out]
John Montgomery

Sworn & subscribed this day & year aforesaid for Wallace Rea Clerk Mr L Peirce
And the said John R. Porter Circuit Judge and the said Eliphalet Allen and Robert [Allen crossed out] Mitchell associate Judges in and for the Circuit Court of said County of Parke State of Indiana do hereby declare their opinion that the above named applicant was a revolutionary soldier and served as he states.
John R. Porter 
Robert Mitchell 
Eliphalet Allen 

I Wallan Ray Clerk of the Circuit Court in and for said County of Parke and State of Indiana do hereby certify that the foregoing contains the
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original proceedings of the said Court in the matter of the application of John Montgomery for a pention [pension] - In testimony whereof I have hereunto set my hand and seal of Office, this 12th day of September in the year 1832
Wallace Ray, Clerk 

Be it remembered that on the fourth day of the May term of the said court 1833 held by the said John B. Porter and Robert Mitchell Judges or aforesaid the said Eliphalet Allen having resigned the said John Montgomery on this the [^ said day being] 9th day of May 1833 in said Court and before the said Judges makes the following additional statement, to wit, that at the expiration of said services he obtained a written discharge and he thinks it was signed by Col. Campbell but which discharge has long since been lost; this applicant further states that Milton Garrison is his nearest clergyman living about twelve miles from this applicant in the County of Parke aforesaid and Michael Montgomery living about two miles and one half and in the neighborhood of this applicant, and who are known to this applicant and who can testify to his character for veracity and their belief of his character [words crossed out] services as a soldier of the Revolution. This applicant further states that he can prove his services by Michael Montgomery who was present when this applicant [^ returned home and informed his parents that] enlisted and that there is no other person living by whom he can prove his services as aforesaid. This applicant was born in the year 1764 and that he enlisted in the year 1779 and that he will be 69 years old next August; that he has no record of his age [words crossed out] in his possession but that the same was recorded by his father and is now in the possession of his brother James Montgomery, when he enlisted he lived in the State of Virginia on Clinch River; after the Revolutionary war he remained in Virginia some time thence he moved to Kentucky thence to the State of Indiana Franklin County, thence to said Parke County where he [^ now] resides. He cannot state the names of any other officers than those above named.
John Montgomery

We Milton Garrison a Clergyman, residing in the said County of Parke about twelve miles from the residence of said applicant and the nearest Clergyman to him, and Michael Montgomery residing in the same neighbourhood [neighborhood] about 2 ½ miles from said applicant hereby certify that we are well acquainted with said applicant who has subscribed and sworn to the above declaration; that we believe him to be of the age of 69 years, that he is reputed and believed in the neighbourhood [neighborhood] where he resides to have been a soldier of the Revolution and that we concur in that opinion –

[words crossed out]
Milton Garrison 
Michl [Michael] Montgomery
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[written sideways] John Montgomery 11914

said Michael Montgomery further states that he was born in the year 1775, and that he is now and was from his earliest recollection well acquainted with said John Montgomery, and that during the Revolutionary war, but the precise time not recollected said John one of said John’s brothers who is now dead informed this deponent that they had enlisted for five years in the Revolutionary War under a man by name of [Smith ?], that the father and Mother of said John and his brother were present at the information; and his Mother appeared to be much disturbed (weeping); that in a few days said John and his brother set out for the service; they were one or twice at home at their fathers during said war; this deponent understood shortly after the Guilford battle that said John participated in it; after said war was closed said John came to his fathers and made his fathers house his home in Virginia; this deponent also recollects of hearing about the time the same occurred that said John was placed under Captain Snoddy as stated in said John’s Application, and also under Captain Daisey About the year 1826 [^ or 1827] this deponent and one John Cowan gave their depositions as to the service of said John Montgomery in the Revolutionary war in an application then made by him for a pension and which was immediately sent to the Department, in the case of Col. Blake as this deponent now thinks. 
Michl [Michael] Montgomery 

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 Milton Garrison who has signed the preceding certificate, is a Clergyman, resident as he states in his certificate and that Michael Montgomery who has also signed the same is a resident in the neighbourhood [neighborhood] of said John Montgomery and is a credible person, and that their statement is entitled to credit 
John R Porter 
Robert Mitchell 

I John G. Lewis Clerk of the Circuit Court of said County of Parke do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of said John Montgomery for a pension. 

In testimony whereof, I have hereunto set my hand and seal of Office this 9th day of May 1833 
John G. Davis Clk [Clerk]
Page 11

No 11.912 
John Montgomery 
from 1777 private 
2 yrs Va $80 

not on Roll 14

Jos. A. Wright Indiana 
Rockville
14 Feb. 1833
Page 12

[typed form, with handwritten responses]

BRIEF in the case of John Montgomery, 
of Park [Parke] County in the State of Indiana
(Act 7th JUNE, 1832.)

1.  Was the declaration made before a Court or a Judge: A Court
2.  If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3.  How old is he: 68 years
4.  State his service, as directed in the form annexed.

[column headings: Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.]
In 1777 5 years as a private Captain Nathan Reed 7th Reg. Va line}
Maj. D. Ward, Col. Wm. Campbell}

5.  In what battles was he engaged? Guilford

6.  Where did he reside when he entered the service? Washington County, Virginia

7.  Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? - - -

8.  Are the papers defective as to form or authentication? and if so, in what respect? No

I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.

B F Pleasants Examining Clerk.
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[typed form, with handwritten responses]

June 26, 1936 
XXXXXXXX

BA-J/EEL 
John Montgomery-S.33124

Mrs. Charles J. Brown 
402 McCune Avenue
Rockville, Indiana 

Dear Madam: 

Reference is made to your letter in which you request the Revolutionary War records of David Johnson and John Montgomery, pensioners of Parke County, Indiana, in 1831. 

Because of the great demand for Revolutionary War data and the limited, trained clerical force available for furnishing such information, it is impossible to comply in full with each request pertaining to soldiers of that war. The record is furnished you herein of John Montgomery, as found in the papers on file in pension claim, S.33124, based upon the military service of that soldier in the Revolutionary War. 

John Montgomery was born in August, 1764. The place of his birth and the names of his parents are not shown. 

While residing at Moore's Fort in Washington County, Virginia, John Montgomery enlisted in June, 1777, served at Moore's Fort under Captain John Snoddy, who commanded at the fort, then in Captain not Dasy's (or Dezzard's) Company, Colonel William Campbell's Virginia Regiment, was in the battle of Whitsall's Mills and Guilford Courthouse, after which he was sent back to Moore's Fort, where he remained until discharged sometime in 1782.
[side note] Could not identify the captains

He was allowed pension on his application executed September 12, 1832, while residing in Parke County, Indiana. He had formerly lived in Franklin County, Indiana. In 1838, he had moved to Peoria County, Illinois. 

In 1826, the soldier stated that his family then residing with him consisted of his wife, aged about fifty-three years and two daughters, aged respectively about fourteen and about eleven years. He gave no names nor did he state the date and place of his marriage. 

In 1839, he stated that three of his children, including the youngest, were then living in the state of Illinois.
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[typed form, with handwritten responses]

It was stated that a brother of John Montgomery served in the Revolutionary War with him the name of the brother is not designated. In 1832, a brother, James Montgomery, is referred to his place of residence was not given. In 1826, one Alexander Montgomery made affidavit in Floyd County, Kentucky; in 1830, one Michael Montgomery was living in Parke County, Indiana: no relationship of Alexander or Michael Montgomery to the soldier, John Montgomery, was stated. 

Very truly yours 

A. D. HILLER 
Executive Assistant 
to the Administrator.

[side note] Date of death not on AB
Page 15

[typed form, with handwritten responses]

[right side] 1912 Jan. 23 Hist to [Illegible] data to Mrs. C K Woolf letter in S. F. 32196 Wm. Crow
1936 June 26 – Hist. [History] to Mrs. Chas J. Brown Eb

[left side] 33124
Revy INVALID

File No. 33,124
John Montgomery
Pri [Private] Rev War

Act: June 7th, 1832
Index: - Vol. 2, Page 285

[Arrangement of 1870.]
Page 16

[typed form, with handwritten responses]

To Veterans Administration 
402 MCCUNE AVENUE 
ROCKVILLE, IND.

[circular stamp with numbers 1-12 circled around it sideways] RECEIVED MAR 4 1936 MAIL SUB-DIV VET’S ADM]

Sirs:- 
Please send to address below any information you have of Revolutionary Service Record of Pensioners of Parke Co Indiana of 
-David Johnson Pensioned 1831 
-John Montgomery Pensioned 1831
Thanking you, I am
Sincerely Yours 
Mrs. Charles J. Brown-
Rockville, Indiana – 
March First-
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[Typed form]

Sur. File No. 33,124, John Montgomery, Private Virginia troops. Born August -- 1764. Resided in Peoria County, Illinois in 1839. Date of death not shown.
Page 18

[circular stamp] MADISON APR 3 [Illegible]

J. D. Edwards} 
Com. of Pensions 
Washington, D. C.

[written sideways] Apl 9 [Illegible]
Page 19

Indiana Pension Agency 
Madison April 2 1839

J. L. Edwards} 
Com. of Pension
Yours of the 25 March is fr.d [foresaid] John Montgomery on the roll of this agency of Parke County was last paid 4 Mar 1837- at $80 per year. 
Very resty [Respectfully]
J F Harnis Agent
Page 20

State of Indiana} 
Franklin County} On this 21st day of March AD 1826 Personally appeared in Open Court of the March term of the Franklin Circuit Court within and for the County and State aforesaid being a court of Record John Montgomery resident in said County aged Sixty two years who being first duly sworn according to law doth on his oath make the following declaration, in order to obtain the provisions made by the Acts of Congress of the 18th March 1818 and the 1st May 1820; that he the said John Montgomery enlisted into the Service of the United States for the term of five years in the Summer of 1777 in Washington County in the State of Virginia in the Company commanded by Captain James Dazy in the Regiment commanded [^ by] Colonel William Campbell in the line of the State of Virginia on the Continental establishment that he continued to serve in the said Corps until after the battle at Gilford [Guilford] which was on the 15th day of March 1781 but was not discharged until some time in the year 1782 in the State of Virginia That he hereby relinquishes every claim whatever to a pension except the present that his name is not on the roll of any State except Virginia and that the following are the reasons for not making earlier application for a pension. That he had lost his discharge and had no knowledge until lately that he could prove his enlistment and service as he has done. And in pursuance of the act of the 1st May 1820 I do solemnly swear that I was a resident citizen of the United States
Page 21

On the 18th day of March 1818 and that I have not since that time by gift, Sale or in any manner disposed of my property or any part thereof with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress entitled “an act to provide for certain persons engaged in the land and Naval Service of the United States in the revolutionary war” passed on the 18th day of March 1818 and that I have not nor has any person in trust for me any property, or securities contracts or debts, due to me; nor have I any income other than what is contained in the Schedule hereto annexed and by me subscribed. 
I have a wife and two children living with me, a farmer by occupation but I am not able to pursue it. My wifes [wife’s] age is about fifty three the age of my children who the living with [^ me] being two in number the oldest is about fourteen years the youngest about eleven both Girls who are but little help to me in my occupation That my infirmities and indigent circumstances are such as to induce me to call on my country for support [^that I am unable to support myself without the assistance of my County]. The following is all the property I own to the best of my recollection to wit. One More ten or twelve head of Sheep and about the same number of hogs one pot one Kittle three head of Cattle two dishes & same plates a few knives & forks one Chopping ax one foot [adds?] one Plough two hoes, one Gun one pair of [Stelyars?] & Iron Wedge
Page 22

no material change has taken place in relation to my property since the 18th March 1818[.] Sworn to and Subscribed the day & year above written. 
John Montgomery


Not necessary to Recorded 
John Montgomery 
Revolutionary Soldier 
19.948.O.R. 

filed 21st March 1826
Page 23

State of Kentucky Floyd County: (SS) 
The following is the deposition of Thomas Lovelady this day taken before me Solomon Derosset a Justice of the Peaceful Floyd County to prove the services of John Montgomery an old Revolutionary Soldier who deposeth as follows 

I Thomas Lovelady do swear that I was well acquainted with John Montgomery in the Army of the Revolutionary War that I do know that the said John Montgomery did enlist into the Service of the United States in Washington County in the State of Virginia in the summer of the year 1777 for the term of five years that he was enlisted by a man by the name of Thomas Quirk and that I do know that the said John Montgomery did then entered the service of the United States against the Common Enemy in Col [Colonel William] Campbell's Regiment in Virginia line an Continental establishment in Captain Dazys [James Dysart's] Company that I do know that the said John Montgomery did continue to serve in said Regiment under one enlistment untill [until] after the Battle at Gilford [Guilford] which was on the 15th day of March in the year 1781, and I was with him in the Battle at Gilford [Guilford] and then the said Montgomery was sent off in the back parts of Virginia
Page 24

to guard a Fort and I volunteered in the service untill [until] after the surrender of Cornwallis which was on the 19th day of October in the year 1781, and that I have been acquainted with said Montgomery ever since untill [until] a few years since he moved to the State of Indiana and further this deponent saith not. 
Thomas [his x mark] Lovelady

State of Kentucky Floyd County Sct 
I Solomon Derossett a Justice of the peace for Floyd County do hereby certify that the foregoing Deposition of Thomas Lovelady was this day taken and subscribed before me and I do further Certify that the said Thomas Lovelady is a credible witness and resides in this County[.] Given under my hand this 21st day of November 1825. 
Solomon Derossett JP
Page 25

Kentucky Floyd County Sct. 
here follows the Deposition of Alexander Montgomery taken also to prove the Service of John Montgomery an old Revolutionary soldier who deposeth as follows 

I Alexander Montgomery do swear that I do know that John Montgomery did enter into the service of the United States in the summer of the year 1777 in Washington County in the State of Virginia in Captain Dazzy [James Dysart's] Company in Col Campbells Regiment in Virginia line on Continental Establishment and I do know that he did serve out his full term of Enlistment which was five years under one and the same enlistment and I do know that he was honourably [honorably] discharged at the Close of the war in Washington County in Virginia 
Alexr [Alexander] Montgomery 

State of Kentucky Floyd County Sct 
I Soloman Derossett a Justice of the peace for said County do hereby certify, that the foregoing deposition of Alexander Montgomery was this day taken and sworn to before me and I do further certify that the said Alexander Montgomery is a credible witness given under my hand this 21st day of November 1825.
Soloman Derossett JP FC
Page 26

State of Kentucky Floyd County (to wit) 

I Jacob Mayo Clerk of the Court for the County aforesaid do hereby certify that Solomon Derraset whose Signature appears to the foregoing certificate is and was at the time of subscribing the same acting as a justice of the peace in and for the County aforesaid duly commissioned and qualified according to Law to all whose official acts as such full faith and credit is due and ought to be given as well in Courts of Justice as thereout. 
In Testimony whereof I have 
hereunto set my hand 
and caused the seal of office 
to be affixed this 26th day of 
November 1825 
Jacob Mayo Clerk of 
Floyd County Court
Page 27

State of Indiana} 
Montgomery County: Sct. 

The Deposition of John Cowan aged 62 years taken before me P. M. Currey a Justice of the Peace in & for said County and to be read in support of the application of John Montgomery for a pention [pension] from the United States on account of services rendered the United States during the revolutionary War, and on account of his present necessities: The said John Cowan produced & by me duly sworn according to law, upon his oath deposeth & saith that he has been acquainted with this applicant John Montgomery ever since this deponent was a small boy. This Deponent has a distinct recollection and knows that this applicant John Montgomery enlisted in the service of the government of the United States, and was enlisted by one Thomas Quirk, the Recruiting Officer who paid him the said John Montgomery the bounty money, and as well as deponent recollects was in the year 1777. Deponent recollects the time of his enlistment particularly from this circumstance. That it was the year before the mother of Deponent was taken prisoner which was in 1778. That the father & family of this applicant lived near neighbors to the family of Deponent during the time of the Revolutionary War in Washington County Virginia [^ & a great part of the time in [Illegible] together] and Deponent knows this Applicant was absent from the time of his enlistment for many years – & that great uneasiness was expressed among his friends & neighbors for the safety of this applicant who was then very young, particularly about the time of the Battles of Whitsels Mills [Whitsell’s Mill] & Guilford Courthouse in which he was untill [until] they heard of his safety through those engagements afterwards - This Deponent was well acquainted with Captain James Dazy in whose company this applicant John Montgomery was inlisted [enlisted] to serve both in the time of the Revolution & since, and never heard the least intimation from any source other than said Montgomery had been a faithful soldier – and Deponent was acquainted with Colo. [Colonel] Wm [William] Campbell also of Washington County Va [Virginia] the Colonel under whom & in whose Regiment this applicant John Montgomery served, which Col. [Colonel] Campbell died in the service before the close of the War. – And Deponent is now well acquainted with the character & circumstances of this applicant John Montgomery and clearly can depose that he is and hath always been reputed and considered an honest, sober & orderly man & has been a useful citizen as well in private life as in filling many ordinary offices of trust and responsibility. - And Deponent well knows that the
Page 28

circumstances of the said John Montgomery is now necessitous and needs the favor of his Country in his old age for a comfortable subsistence. And Deponent is the more clear in this because he is acquainted with the manner by which Mr. Montgomery became reduced from a good competent living to his present low circumstances which was by giving surety for others for the payment of a large sum of money who [are] unfaithful to their engagements and ungrateful to his goodness absconded their Country leaving this applicant the money to pay, which has stript [stripped] him of his living and left him indigent in his circumstances and further saith not. 
John Cowan

I the undersigned Justice of the Peace in & for the County of Montgomery in the State of Indiana do certify that the forgoing Deposition was taken before me & before me subscribed by said John Cowan this 16th day of February 1830. and that the said John Cowan is respectable citizen and whose deposition is creditable – 
Given under my hand & seal this 15th February A.D. 1830 
P.M. Currey {Seal]
Justice of the Peace- 

State of Indiana}
Montgomery County} SS:

I John Wilson Clerk of the Court of Montgomery County aforesaid do certify that P.M. Currey is a magistrate as above and that the above and that the above signature purporting to be his signature is genuine 
Given under my hand and official seal 
this Sixteenth day of February in the year 
of our Lord one thousand Eight hundred and 
thirty. 
John Wilson 
Clerk of the Court of Montgomery County
Page 29

John Montgomery 
Rec.d [Received] Ap.l [April] 12, 1826

Hon. J. Noble 
U.S.S 


[written upside down] Hon J. L. Edwards Pension Office War Dept.
Page 30

Senate Chamber 
April 11th 1826

Sir,
I send the papers of Mr[.] Montgomery for Pension, an answer is respectfully asked for

respectfully 
James Noble 




J. L. Edwards Esquire
Page 31

To Mr. John Montgomery given in Franklin County Indiana
State SS
Page 32

One mare 25 dollars 
three head [of] cattle 16 dollars
nine head of Sheep Six dollars and Seventy cents
one gun Six dollars 
one brok par [broke pair?] of Stilards [?] one dollar 50 cents 
one as two dollars 
old poster and knives and forks two dollars 
one iron wedge 70 five cents 
one Stew Cittle [Kettle] one dollar 25 cents 


25.00 
16.00
6.75
6.00
1.50
2.00
2.00
.75
1.25
61.25
Page 33

War Department 
Pension Office 
March 26, 1833 

Sir,
Your letter with the papers of John Montgomery who formerly applied for a pension under the act of March 18, 1818 have been received. In order to obtain the benefit of the act of June 7, 1832 he should make a statement under oath, as required in the enclosed printed regulations. That part applicable to his case has been marked in the [Illegible]. His papers are herewith returned.
I am, respectfully 
Your Obt. Servt [Obedient Servant]
J L Edwards


Joseph A. Wright Esqr [Esquire]
Rockville Indiana
Page 34

[left side] Rockville, In [Indiana]
April 16th 

[right side] Free 

[center] Mr. James L Edwards Esq. 
Pension Agent 
Pension Office
Washington City

[written sideways] Incl proof Jno Montgomery Incld [[Included]
Page 35

Rockville Parke County Indiana 
April 16th 1833 

Dear Sir 
your [Your] letter of March 10th is recd [received] and I judge it is in answer to and that I wrote some time before the last fall term of our circuit court. at which term Mr. Montgomery made his statement under oath as required by the act to which you referred me, and I judge you have not yet reached his application And I now send you your line back for the purpose, that when you reach Montgomery Application you will refer to the line that you [Illegible] I mean the letter that directed you to evidence on file in the department, a number of years ago of Michael Montgomery and one Lovelady. I do not exactly remember the year nor do the names of the witnesses and John Montgomery resides so far from Town, that I have not had an opportunity to see him. However when you reach his application refer to all my letters and you will have no difficulty in finding the proof (following the directions) in relation to the proof of his services. If anything is wrong by information of the same it shall be immediately attended to 
yours Respectfully
Joseph A Wight
J L Edwards Esq. Pension Agent
Page 36

J. L. Edwards Esqr. [Esquire]
Pension Office
War Department

[written sideways on the left] Rec’d [Received] 19 March 1830
Page 37

Washington March 18th 1830 

J L Edwards Esqr. 

Sir, 

I have the honour [honor] to [delete to] inclose [enclose] herewith, additional evidence in support of the Claim of John Montgomery of Indiana, to a pension. 

I have the honour [honor] to be very 
Respectfully &c R. Boon
Page 38

Free
R. Boon

J. L. Edwards, Esqr. [Esquire]
Pension Office
War Department
Page 39

Washington March 17th 1830

J. L. Edwards Esq. 

Sir, 

I have the [word crossed out] to inclose [enclose] you a communication forwarded to me, with a request that you inform me if there be any other papers on file in your office, in support of the Claim of Mr. Montgomery's Claim to a pension. 

I have the honour [honor] to be very respectfully 
your obt. Servt. [obedient servant]
R. Boon
Page 40

War Department
Pension Office 
March 17. 1830

Sir,

In reply to your letter enclosing the affidavit of Michael Montgomery respecting John Montgomery’s service, I have to inform you that John Montgomery did not serve in a regiment on the continental establishment. As the act of March 18, 1818, under which he claims provides for none who did not so serve, his claim cannot be allowed. The affidavit will remain in our files with the other papers in this case agreeably to the regulations of this Department. 
I have the honor to be 
Very respectfully 
Yr Obt Sert [Your obedient servant] 
J. L. Edwards


Hon. R. Boon 
House of Representations
Page 41

State of Indiana} 
Parke County} Be it remembered that on this day, to wit, the nineteenth day of  February A.D. Eighteen hundred and thirty - before me Matthew Noel, a Justice of the Peace in and for said County - personally came Michael Montgomery of said County and made Oath that he recollects perfectly well, (although he was not present at the time) of John Montgomery enlisting in the continental service, or established -- that his mother was very much dissatisfied and that he was absent from home in the service for some considerable length of time, the exact period not recollected. 
Michl [Michael] Montgomery

Sworn and subscribed to the day and year above written. 
Matthew Noel 
Justice of the Peace {Seal}
Page 42

State of Indiana} 
Parke County SS} I Wallice Rea Clerk of the Circuit Court in and for said County do certify that Matthew Noel Esquire before whom the within affidavit was made is a Justice of the Peace in and for said County duly commissioned and qualified and acting under the authority of said State, and that his name so subscribed appears to be his genuine signature, and that full faith and credit are due to his official acts as such. 

In Testimony whereof 
I have hereunto set my hand and affixed the seal of 
our said Court at Rockville the 19th day of February 
AD 1830
Wallice Rea, Clerk
Page 43

J. L. Edwards Esqr [Esquire]
Pension Office
War Depart [Department]
Page 44

Washington Nov. 28th 1827 

Sir, 
I send the declaration for Pension of John Montgomery. Let me hear the decision, In haste 
Respectfully 
Jas Nobles 


J. L. Edwards Esqr. [Esquire]
Page 45

J. L. Edwards Esqr [Esquire
Pension Agent
Treasury Department
Washington City

[stamped] FREE

[circular stamp] PEORIA MAR 9 IL.
Page 46

State of Illinois} 
Peoria County} On this 16th day of February A.D. 1839 before me the subscriber , a Justice of the Peace for the said County of Peoria personally appeared John Montgomery who on his oath declares that he is the same person who formerly belonged to the company commanded by Captain James Daisy in the regiment commanded by Colonel William Campbell in the service of the United States; that his name was placed on the pension roll of the State of Indiana from whence he has lately (to wit in the fall of A.D. 1834) removed, though he did not bring his wife whose still alive from there until the next year. That he now resides in the County of Peoria and State of Illinois where he intends to remain and wishes his pension to be there payable in future The following are his reasons for removing from Indiana to Illinois He is old and helpless and his children are married and have left him and consequently he has for several years lived with them, and three of them including the youngest with whom he wishes to spend the most of his time having removed to Illinois he removed also to live there. 
John Montgomery 

I James Mills do solemnly swear that I have for about eight years been intimately acquainted with John Montgomery whose signature appears to the foregoing affidavit and know him to be the identical person who signed it and who is described in said affidavit I also know that he is the same John Montgomery who is on the pension list of the state of Indiana 
James Mills
Page 47

State of Illinois} 
Peoria County} I Charles Ballance a Justice of the Peace of said county do certify that on the 16th day of February 1839 John Montgomery who is personally known to me to be the person described in the first within affidavit and signed the same in my presence and was by me [delete me] sworn to the truth thereof I further certify that James Hill who is also personally known to me to be a person of veracity whose statements upon oath are entitled to credit and signed the within second affidavit in my presence and was by me sworn to the truth thereof 
Charles Ballance J.P. {Seal}

State of Illinois 
Peoria County} I William Mitchell Clerk of the County Commissioners Court within and for said County do hereby certify that Charles Ballance Esquire whose name appears subscribed to the above certificate was on the day of the date thereof an acting Justice of the Peace within and for said County duly commissioned and qualified and that the signature above written and purporting to be his I know to be genuine and that full faith and credit are due to all his official acts. 

In Testimony whereof I have hereunto 
set my hand and affixed the seal 
of said Court at Peoria this 16th day 
of February A.D. 1839 - 
William Mitchell Clerk 
By Ralph Hamlin Dep Clerk
Page 48

Please refer to my letter accompanying Mr. Montgomery's other papers for his wishes as to the place of receiving his pension You will see that the within papers are copied from [duplicate from] the for [form] you sent me 
Respectfully 
Yours Ot [Obedient Servant]
C Ballance
Page 49

[stamped] FREE

[circular stamp] PEORIA JAN 2 IL.

Hon Levi Woodbury
Secretary of the Treasury
Washington City

Trey Dept [Treasury Department]
Jan 15. 1839 
Respectfully referred 
to War Department 

Referred to War Dept}

[written upside down] Jany 5th T D Jany 15 1839 Pension Office [Illegible
Page 50

[right side] Jany 5th T D Jany 15 1839 Pension Office [Illegible]

[upside down] [stamped] FREE

[circular stamp] PEORIA JAN 2 IL.

Hon Levi Woodbury
Secretary of the Treasury
Washington City

Trey Dept [Treasury Department]
Jan 15. 1839 
Respectfully referred 
to War Department 

Referred to War Dept}
Page 51

Peoria County Ill 31st Dec 1838

Hon Levi Woodbury secretary of the Treasury 

Sir 

Having removed with children from my former residence in Park [Parke] County Indiana about three years and four months ago to this county in which I expect to reside the rest of my days and it being very inconvenient and expensive to draw my pension in Indiana as formerly do hereby request that the payment thereof be assigned to some other agent more convenient than the one who has heretofore paid it. If the United States have an agent at Springfield in this [^ state] I would prefer it should be paid there But if they have not then I would request that it be transferred to St Louis
Respectfully
Your obt [obedient servant]
John Montgomery

I John Montgomery of the County of Peoria and State of Illinois (all of the County of Park [Parke] and State of Indiana) do solemnly swear that I am the same John Montgomery to whom a pension was granted by the United States on the 26th day of Aug 1833 and drew the same in the State of Indiana semiannually until March 1837 [Illegible] and that I have not applied for it since by reason of the inconvenience and expense of sending [^ there] being very weak and at too great of distance from the place of payment and for no other reason. I did intend to have gone the last fall for it notwithstanding the distance but about four month ago I was taken very ill and have nearly every day since been confined to my bed and am still unable to go for it and
Page 52

have no hopes of being able soon if ever to take so long a journey

John Montgomery 

I James Mills being duly sworn depose and say that I have been acquainted with the above named John Montgomery for the space of eight years and know him to be the same who drew a pension in the state of Indiana I was living at his house when he drew the first payment under the certificate he now holds and was knowing to his drawing since at times afterwards. Said Montgomery signed the above affidavit in my presence. Moreover what he there states with regard to his bodily infirmity I know to be true And further that the disease with which he is afflicted has in its progress caused one of his eyeballs to burst by which he has entirely lost the use of it 
James Mills 

State of Illinois
County of Peoria ss. 
I Charles Ballance a justice of the peace in and for said county do hereby certify that on the thirty first day of December 1838 John Montgomery who is personally known to me signed his name to the [word crossed out] first of the foregoing affidavits in my presence and was by me sworn to the truth thereof [words crossed out] I further certify that he was so near blind he could not see the writing on the paper which accounts for the manner in which his name is written 
I further certify that I have known
Page 53

[typed form, with handwritten responses]

him ever since July 1836 and have no debt of his honesty.
I further [^ certify] that on the same [^ day] James Mills who is also known to me signed the above affidavit to which his name is subscribed and was by me sworn to the truth thereof and I have no reason to doubt the truth thereof 
Given under my hand this 31st day of December 1838 
C Ballance {J.P.P.C.} [Justice of the Peace of Peoria County]

**********
STATE OF ILLINOIS} 
PEORIA COUNTY} SS. I, WILIAM MITCHELL, Clerk of the County Commissioners' Court for said county, do hereby certify, that Charles Ballance Esquire, whose name appears to the foregoing certificates, on the day of the date thereof, an acting Justice of the Peace, in and for the county aforesaid, duly commissioned and qualified, as it appears to me of record in my office; and that, as such, full faith and credit are due to all his official acts.
In Testimony Whereof, I have hereunto set my hand, and affixed the seal of said court, at Peoria this first - day of January 1839 
William Mitchell Clerk.
*************

As Mr Montgomery is very poor and cannot live me longer I would take the liberty of requesting an answer as soon as possible. At his request I went to see him to day and found him an object of compassion Besides his indisposition and other causes of misery he lives in such a miserable [Illegible] as can horrible be found east of the Alleghanies 
I could not learn what was necessary to be done to obtain the removal of a pension but herein adopted this course from a conviction of its propriety and hope it will be deemed proper. If however it should not, please inform me what the department requires The old man has a certificate showing that he is entitled to 80 dollars per annum for life dated August 26th 1833 signed Lewis Cass and
Page 54

countersigned Geo. Wm Crump Acting commissioner He has been told that he was not only entitled to this pension but also to County land under the treaty of session or some law of Congress Will you please inform me for him whether the evidence on file will justify this opinion and whether it is now too late to obtain it. If not the proper course 

for him to pursue to get it 
Respectfully 
Your obt. servt [obedient servant]
C Ballance
Page 55

Rockville, Parke County Indiana 
May 11th 1833

Dear Sir 
I send you enclosed Mr Montgomery additional facts in his application for a Pension, I Know that I have been troublesome to the department, but if you will only take the trouble to go over my letters you will find that I referred you to proof of John Montgomery Service which is on the files of the Department, I send you enclosed the memorandum of a note the department send R Boon when in Congress and you will find in Michael Montgomery Affidavit that he refers you to what he states in an Affidavit whom Col. Blake was our member in Congress [^ and was] laid before the Department, you will find by examination that in 1826 or 27 an Thomas Lovelady likewise testified to his services you now have all the proof the old man can make, and certainly not many can prove as much as he has, I send you the application of William [D Arch?] an old man that is just alive and that is all for he can neither hear for see. unless you talk like thunder at him or get close to his eyes. I would be glad the Department in the application of John Montgomery to examine all of the papers and letters from the time he first apply and his success is certain 
yours Respectfully
Joseph A Wright

J L Edwards Esqr [Esquire]
Washington City D. C. 

I see you likewise the application of John Norman of which you will have to otherwise from neither he is entitled to a pension or not
Page 56

[right side] Free

[left side] Rockville Ind
May 11 

[center] James L Edwards Esqr [Esquire]
Pension Agent 
Pension Office
Washington City DC

[written sideways on right side] May [Illegible]
Page 57

[not sure why this is a part of John Montgomery pension]

State of Indiana
Parke County Circuit Court Ss May Term 1833 

Samuel Hill Jun plaintiff complains of John Stipp Defendant in custody of a plea of trespass on the case on promises & for that whereas the said John Stipp heretofore to wit " on the Seventeenth day of April in the year of our Lord one thousand Eight hundred and thirty two at Montezuma in the County of aforesaid made his certain promissory note or due bill in writing bearing date the day and year aforesaid and thereby then and there promise to pay one day after the date thereof to the said Samuel Hill Junr or order the sum of one hundred and forty six (meaning one hundred and forty six dollars) and eighty eight cents for value received with fifteen percent interest untill [until] paid, by means whereof and by force of the statue in such cases made or provided the said John Stipp then  and there become able to pay to the said plaintiff Samuel Hill Junr the said sum of money in the said promissory note or due bill and being so liable in the said John Stipp in consideration thereof afterwards up untill [until] on the first day of January in the year of our Lord one thousand eight hundred and thirty three at the County aforesaid undertook and then and there faithfully promised the said plaintiff to pay him the said sum of money in the said promised note or due bill specified according to the term and effect of the said promissory note or due bill. Nevertheless the said John Stipp not regarding his said promise and undertaking as aforesaid but certify intending to defraud the said plaintiff in this behalf hath not as yet paid the said sum of money in the said promissory note or due bill specified nor any part thereof to the said plaintiff although often requested so to do. But the said John Stipp to pay the same hath hitherto wholly neglected and refused and still doth neglect and refuse of the said plaintiff of three hundred dollars and therefore he sues
Respectfully for plaintiff
Page 58

John Montgomery 
Revo. Indiana 
Rejected. See letter to Hon. James Noble, 30th Novr [November] 1827. 
See also letter to Hon. T. H. Blake May 16, 1829. 
do 17 March 1830 to Hon R Boon H R. do 14 Mar 1830 do to Hon W Hendricks – See letter to J.A. Wright Oct. 10. 1831. 

See letter 26 March 33 to J. A. Wright Rockville Ind [Indiana] 
19 Aprl [April] papers to J. A. Wright
Page 59

[typed form, with handwritten responses]

TREASURY DEPARTMENT
Second Comptroller’s Office,
July 3d [3rd], 1839

Sir:

Under the act of the 6th of April, 1838, entitled “An Act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States,” John Montgomery, -
a Pensioner on the Roll of the Illinois Agency, at the rate of Eighty Dollars and    Cents per annum, under the law of the 7th June 1832, has been paid at this Department from the 4th of March 1837, to the 4th Sept. 1838.

Respectfully, yours,
Albion K. Parris
Comptroller.

To the Commissioner Of Pensions,
Present.

P. S. Transferred from Indiana Agency.
Page 60

John Montgomery
Page 61

[typed form, with handwritten responses]

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of John Montgomery - - - which require further proof or explanation.

1.  Does the declaration show where the applicant resides? yes

II.  Did the declarant make the declaration in the county where he resides? yes

III.  If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? - - - - - -

IV.  Has the declarant mentioned the period or periods of the war when he served? yes

V.  *Has he mentioned 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? yes

VI.  Has he given the names of the officers under whom he served, in conformity with the regulations? yes

VII.  Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?

VIII.  Has the Court given their opinion? yes

IX.  Has the Clerk given his certificate? yes

X.  Is the Clerk’s seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes
Page 62

[typed form, with handwritten responses]

2

XI.  Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? No

XII.  If the clergyman’s affidavit has not been produced, is there any reason assigned for not obtaining it? No

XIII.  If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? No

XIV.  +If the applicant’s name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?  No
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?

XV.  Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant’s service?

XVI.  Are the papers authenticated as the regulations direct? Yes

XVII.  Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not answered? No

EXPLANATORY NOTES.

*QUERE V.  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               days, I served as a                For          months and              days, I served as a             ; and for such service I claim a pension.
Page 63

3

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 objectional.  Some persons who apply for pensions merely state 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 shewn 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.
+QUERE XIV. Proof of Service.
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 in 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.
+QUERE XVI. 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 paper 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.
In every case where the Clerk of the Court, or other certifying officer, 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.