Revolutionary War Pension and Bounty Land Warrant Application File S. 32360, for John Kinnard, South Carolina
Page 1

(3-1776)

SERVICE
SC   
Born in Ireland

Kinnard, John       

NUMBER
S. 32360

CONTENTS
Page 2

[illegible]
Alabama
John Kinnard
of [illegible] Co, in the State of 
who was [illegible] in the [illegible] commanded
by Capt [illegible] of the [illegible] commanded
by Col [illegible] in the [illegible]
line for --------

Inscribed on the Roll of Alabama
at the rate of 20 Dollars Cents per annum
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 6th day of March and
[illegible]

Arrears to the 4th of March 1834     40.00
Semi-anl. allowance ending [illegible] 10.00
$50.00
Revolutionary Claim,
Act June 7, 1832      ⎬

Recorded by [illegible] Clerk, 
Book 6 Vol. 8 Page 47

order to pay Jan 19, 1837
Letter to Hon J. S. Lyon &
P. Gagne 2 June 1838
Letter 43 and dated 4 June 1838

Paid at the Treasury under the
commanded act of the 6 April 1838 
from 4 Sept 1834 to 4 Sept 1837-
Agt modified 18 June 1838
---
Paid as above from 4 March to 4 Sep 1839. Agt. Notified 23
June 1840
Letter to Hon. J. Delled & and 18
July 1840
Paid as above from 4 Sep 1837
to 4 Sep 1838. Agt Notified 27 July 1840
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[illegible numbers]
John Kinnard
Alabama

F.S. Lyon
Demopolis
Ala
Page 4

The State of Alabama
Marengo County

On this the 8th day of October AD 1833 formally approved before the honorable Sion L. Perry presiding judge of the Circuit Court of the County and State aforesaid John Kinnard a resident of the said county of Marengo and State of Alabama aged sixty nine 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 act of congress [illegible] June 7th 1832 -
That he was drafted to serve three months as a militia man in the army of the United States in the month of December of the year 1779-
that he belonged to a company commanded by Captain William Taylor, and served in a regiment the number of which he does not now recollect, commanded by Col. Hammonds-
that he was living at the time he was drafted in Newberry district in the State of South Carolina- 
that during all the time of the three months for which he was drafted he remained at a place called Hammonds station on the Saluda river and within the [illegible] of said district of Newberry -
that during this period he was not enaged in any battle or skirmish -
and that at the expiration of his time of service the company to which he was attached was disbanded, and he retured home, without receiving
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any written discharge-
That he resided in said district of Newberry from the time of his discharge until the month of June of the year 1781 at which time he was again drafted - he was at this time attached to a company of which John Leviston was Captain and that he served in a brigade commanded by Genl Pickens - he does not recollect the number of the regiment in which he served nor the names of the officers commanding it.  That immediately upon his being drafted at this time he was marched from Newberry district to a point called [Bacons ?] bridge on Ashley river in the neighborhood of Charleston that he remained at this point during all the time of three months, the time for which he was drafted except when he was sent on scouting parties he was engaged in small skirmishes with the enemy, but that he did not fight in any regular battle - that upon the expiration of the three months for which he was drafted, the company to which he belonged was disbanded and he again returned home without receiving any written discharge - and that he served alltogether as a drafted militiaman six months - 
That he [was born ?] in the county of Antrim in [illegible] in the month of December of that year.
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1764 as he has been informed by his parents and as he himself believes - that he has no documentary evidence of the time of his birth - that he emigrated thence to said district of Newberry in the state of South Carolina at about the age of three years - that he resided there up to the time at which he was drafted as aforesaid - that after the conclusion of the revolutionary war he stilled resided in the same district until the year 1821 at which time he removed to the County of Marengo in the State of Alabama whre he has resided up to the present time -
That he does not know of any persons now living by whom he can prove his services as a soldier in the army of the revolution - that he is known to John Curry and Thomas Curry who are respectable citizens in his neighborhood who can testify to his charater for veracity, and who belive him to have [?] soldier in the revolutionary war - He is also know to Hugh McPhail a licensed minister of the gospel who can testify to the same facts. 
This affiant hereby relinquishes every claim to a pension or an annuity except the [present?] and he declares that his name is not on the pension roll of any [illegible] in any state.
John Kinnard

Sworn and Subscried 
in [illegible]
and year aforesaid
T Ringgold Clerk
Page 7

Mr. Hugh McPhail a clergyman residing in the county and state aforesaid and John Curry and Thomas Curry of the same state and County hereby certify that we are well acquainted with John Kinnard who has subscribed and sworn to the above declaration - that we believe him to be sixty nine years of age, that he is [reputed?] and [believes?] in the neighborhood where he [recites?] to have been a soldier of the revolution, and that we concur in that opinion - 
[Signatures of] Hugh McPhail, John Curry, Thomas Curry

Sworn to and subscribed on the day and year aforesaid in open court
T Ringgold Clerk

And the said court do hereby declares their opinion after the investigation of the matter and after [illegible] the interrogations prescribed by the war department that the above named applicant was a revoluntionary soldier and [illegible] as he states. And the Court further certifies that it appears to them that Hugh McPhail who has signed the proceding certificate is a clergyman resident in the County and state aforesaid and that John Curry and Thomas Curry who have also signed the same are residents in said county and state are credible persons and that their statements are entitled to credit.
I Thomas Ringgold, Clerk of the Circuit Courty of the County of Marengo of the State of Alabama do hereby certify that the foregoing
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STATE OF ALABAMA.
JOHN GAYLE, GOVERNOR OF SAID STATE,
TO ALL TO WHO THESE PRESENTS SHALL COME.
Know Ye, that Thos Ringgold whose signature appears to the foregoing [illegible] and was at the time of signing the [illegible] Clerk of the Circuit Court of [illegible] County State of Alabama duly [illegible]

Therefore, all due faith, credit, and authority are, and ought to he had given to [all?] his official acts
In testimony whereof, I have hereunto set my hand and caused the Seal of the State to be affixed.  Done at the Capitol in Tuscaloosa, this 3rd day of February in the year of our Lord one thousand eight hundred and thirty four and of the Independence of the United States of America the fifty-[illegible]
BY THE GOVERNOR.   [Signature of] John Gayle
[Illegible signature] SECRETARY OF STATE
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Contains the original procedings in the matter of the application of John Kinnard for a pension-
In testimony whereof I have hereunto set my hand [and seal of office this 8th day October AD 1833 [proceding bracketed text was crossed out]] and private seal having no seal of office at office this 8th day of October AD 1833.
Attest [Thomas?] Ringgold, Clerk
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27.8[?]
John Kinnard
Alabama

Return [Return is crossed out]

Adm. 6 Months

Hon. John Murphy

Hon. S.H. Mardis [Hon S.H. Mardis is crossed out]

Ho. of Rep
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WAR DEPARTMENT,
Pension Office
[23 Jany??] 1834

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 redily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will show what is necefsary [necessary] to be done. Those points to which your attention is more particulary directed, you will find marked in the margin with a brace, (thus: } ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request greatly facilitate the investigation of your claim.

[following information is in the format of a table or form]

A Statement, showing the Service of John Kinnard

[column titled] Period when the service was
rendered.
[written in this column] [illegible] 1779

[column titled]
Duration of the claimant's serivce, Years, Months, Days
[column titled ] Rank of the claimant
[column titled] Names and rank of Field officers under whom he served
[written information for above three columns]
3 months [priv for rank] Cap Taylor, Col Hammand

3 months [with line under rank and no list of officers so assume to be the same as the first 3 months]

[column titled] Age at present, and place of abode when he entered the service
[written in this column] 69 years So Carolina

[column titled] Proof by which the declaration is supported.
[written in this column] Traditionary [?]

I am, respectfully, your obedient servant, James L. Edwards, Commissioner of Pensions
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2
REGULATONS 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 are bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.

Four general classes of cases are embraced in this law:
1. The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval Service.
4. Indian Spies

As rolls of the regular troops in the Revoluntionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, mucicians [musician?] or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides.  And every Court having by law a seal and Clerk is considered a Court of Record.

DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of}   ss.
County of}

On this [blank] day of [blank] personally appreared (a) before [blank] of [blank] aged (c) [blank] 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) [blank], with [blank] and served in the [blank] (e) regiment of the [blank] line, under the following named officers: [blank]

[The follwing bracketed text is how the document text appears in brackets as follows]
[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. [symbol of hand pointing to the right] 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 [blank]

Sworn to and subscribed the day and year aforesaid.  [blank]   A. B.

[The follwing bracketed text is how it appears in brackets on this document]  [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 revoluntionary soldier, and served as he states.

I [blank] of the Court of [blank} do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the applicaton of [blank] for a pension.

In testimony whereof, I have hereunto set my hand and seal of office (i) this [blank] day of [blank] &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 the [blank] and C. D. residing in (the same) hereby certify, that we are well acquainted with [blank] who has subscribed and sworn to the above declaration; that we believe him to be [blank] years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.

Sworn and subscribed the days and year aforesaid.

[The following bracketed text is how it appears on this document]
[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 [blank] and that C. D., who has also signed the same is a resident in the [blank] and is a credible person, and that their statement is entitled to credit.

I, [blank], Clerk of the Court of [blank] do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of [blank] for a pension.

In testimony whereof, I have hereunto set my hand and seal of office, this [blank] day of [blank] &c.

Every applicant will produce the best proof in his power.  This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.

If such surviving witness cannot be found, the applicant will so state 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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3
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 Revoluntionary 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 ar 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 examiniation, 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 the 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 doen for his guidance.

b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.

[c] The age of the claimant must invariably be mentioned.

[d] The declaranet 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 definate 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 ___________
days, I served as a ________.  For ______ months and _______ days, I served as a _________; and for such service I claim a pension."

It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he 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 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 musst give his certificate in every case.

[i] The Clerk must affix 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.  [Paragraph [i] has hand-written brackets around it.]

Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers in 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 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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32360

[illegible] INVALID

Fle No. 32,360

John Kinnard

In Rev War

Act: June 7 32

Index: - Vol. 2[?], Page 223 [?]
Page 15

Treasury Department,
Second Comptroller's Office
June 15, 1838

Sir.

Under the act of the 6th of April, 1838, entitled "An act directing the tranfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States, John Kinnard, a Pensioner of the Rolle of the Mobile Ala Agency, at the rate of twenty Dollars and [crossed out] ____ ____ Cents [crossed out] per annum, under the law of the 7th June 1832 has been paid at this Department from the 4th of Sept . 1834 to the 4th of September 1837

Respectfullyou yours

Albion K. Parris
Comptroller




COMMISSIONER OF PENSIONS,
       Present.
Page 16

Treasury Department
Second Comptroller's Office
June 20th, 1840

Sir:
Under the act of the 6th of April, 1838, entitled "An act direecting the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," John Kinnard, a Pensioner on the Mobile, Ala Ageny, at the rate of Twenty Dollars and ____ Cents [and ____ Cents is crossed out] per annum, under the law of the 7th June 1832, has been paid at this Department from the 4th of March, to the 4th Sept. 1839.

Respectfully yours,
Albion K. Parris [signature]
Comptroller

To the Commissioner of Pensions,
     Present.
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Treasury Department
Second Comptroller's Office
July 20th, 1840

Sir:

Under the acto 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 Kinnard, a Pensioner on the Roll of the Mobile, Ala Ageny, at the rate of Twenty Dollars and _____ Cents ["and _____ Cents" is crossed out] per annum, under the law of the 7th June 1832, has been paid at this Department from the 4th Sept. 1837 to the 4th Sept. 1838.

Respectfully yours, 
Albion K. Parris [signature]
Comptroller

To the Commissioner of Pensions,
     Present.