Revolutionary War Pension and Bounty Land Warrant Application File W. 9859, for John Toney, North Carolina
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Toney, John Martha W.9859
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1886 Feb 19 WH Morgan that heirs had no title to a pension but if no bounty allowed, [illegible] does un 21 y on March 23. 2855 can claim it if they prove service + marriage but heirs of such childrens have no title to the land            Prior
Date of death not on AB
North Carolina 2534
Martha Toney
[cut off] of John Toney died
[cut off] died in the month of November 1823
[cut off] Halifax in the State of NC
[cut off] as a Private in the [illegible] commanded
[cut off] Captain ~~~ of the ~~~ commanded by ~~~ in the No. Ca. 
[cut off] for 11 Months
Inscribed on the Roll of No. Ca. at the rate of 36 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 1st day of March 1839 and [illegible] Mosby Esq. Rittleton NC
Arrears to the 4th of Sept 1838 $226.62 Semi-annual allowance ending 4 Mar 39, 1833
$24595
{Revolutionary Claim, Act July 4, 1836, Section the 3rd} Recorded by W.D. Addison Clerk, Book 4 Vol 2nd Page 171
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R.H Mosby
2447 Littleton N. Ca 
R57 
ab7836
RH Mosby Esq Re,d Oct 17
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Declaration,
In order to obtain the benefit of the Third Section of the act of Congress on the 4th of July 1836
State of North Carolina
County of Halifax
On this 14th day of August 1838 personally appeared before me a Justice of the Peace for the County & State above written Martha Toney a resident of the County of Halifax and State of North Carolina, aged to the best of her knowledge eighty five or six 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 on July 4th 1836- That she is the widow of John Toney who was a soldier of the Revolution and served as such in the malitia and regular service for the best part of the war. She is unable to state the names of the officers he served under but she well knows that he was for several years under the command of General Sumner and served as much as five years.
She further declares that she was married to the said John Toney in the month of May Seventeen Hundred & Seventy Seven by Col James Allen a Justice of the Peace in the upper end of the County of Halifax; That her husband, the aforesaid John Toney died in the month of November 1823. and that she has remained a widow ever since that period, as will more fully appear by reference to the proof hereto annexed
Sworn to and subscribed before me, on the day and year above written-
MA Allen Her Mark Martha Toney
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State of North Carolina Halifax County}
This day personally appears before me a Justice of the Peace for the County & State above written Mrs Martha Toney and subscribe and swore to the foregoing Declaration in due form of Law. I also certify that she is a very old woman and her attendance at Halifax at court would not only be inconvenient but attended with great danger to her health. Given under my hand & seal this 14th day of August 1838.
MA. Allen JP
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State of North Carolina County of Halifax}
The affidavit of Mrs Winney Holly of the County & State above written taken to prove the marriage of John Toney with his wife Martha Carpenter. This affiant being first duly sworn according to Law testafies [sic] and says that she is now in the seventy eighth year of her age. That Martha Carpenter resided with her mother, and was to the knowledge of this affiant married to John Toney in the spring of the year of seventeen hundred and seventy seven by Col James Allen. This affiant was not present at the marriage but she was close by and saw them when they returned. She has known from her earliest recollection John Toney & his wife and resided in the same neighbourhood with him up to the time of his death and ever since near his widow. This affiant testafies [sic] that John Toney and his wife were married in the spring of 1777, and before the close of the Revolution his wife had two children. John Toney was in service the best part of his time, and this affiant now recollects seeing him on his return home, on one occasion and [illegible] finding his wife at work in the field. She also testifies that Martha Toney now applying for a Pension is the identical person known to her in 1777 and then married to John Toney & that to her knowledge she has been a widow ever since the death of the said John Toney. Sworn to and subscribed before me this 14th day of August 1838. MA. Allen JP [signature]
Winney Holly Her X Mark
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State of North Carolina Halifax County}
This day personally appeared before me Mrs Winney Holly and subscribed and swore to the foregoing affidavit in the form of Law. I also testafy [sic] that she is a very old and respectable woman & full faith and credit is due to her testamony [sic]. Given under my hand and seal this 14th day of August 1838
MA Allen JP
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State of North Carolina County of Halifax }
The affidavit of Nathan Baker a citizen of the county and state above written taken to establish the right of Martha Toney wife of John Toney to the benefit of the act of Congress granting pensions to the widows of Revolutionary soldiers passed 4th of July 1856. This affiant being first duly sworn according to Law testafies [sic] and says that he is now in the 70th year of his age. That he has resided in this county for the last sixty five or sixty six years, and from the earliest period of his recollection he has known John Toney and his wife. This affiant has no knowledge of the period of the marriage of John Toney and his wife now applying for a Pension. But he is fully persuaded that she was married long before the close of the Revolution for the following reasons. 1st this affiant is now seventy years of age and he was at the same school with the children of John Toney who if alive could not be less than fifty eight or fifty years of age. This affiant well recollects that John Toney was at Guildford Court House and [ran home?] and was taken and made to serve at the end of the war. This affiant knows that Martha Toney was never married since the death of her husband John Toney. Given under my hand and seal this 11th day of August 1838. Nathan Baker JP [signature]
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State of North Carolina County of Halifax}
This day personally appeared before me a Justice of the peace for the County and State above written Nathan Baker an old and respectable citizen and swore to the foregoing affidavit in due form of Law. I also testafy [sic] that Mr Baker is a man of strict [illegible] and his testamony [sic] is [illegible] to full credit. Given under my hand & seal this 11th day of August 1838. MA Allen LS
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State of North Carolina Halifax County}
The affidavit of William F. Jinkins aged seventy three years and a citizen of the county of Halifax taken to prove the marriage of Martha Toney with her husband John Toney. This affiant being first duly sworn according to Law testafies [sic] and says that he was born and raised in the same neighbourhood [sic] with John Toney and his wife, and from his earliest recollection he has known them to be man and wife. This affiant lived in the year Seventeen Hundred and Eighty close to John Toney and his family and at that time he was certainly a married man. John Toney continued to reside near me until his death in the year 1823. and his wife has at all times resided in or near this place. This affiant testafies [sic] that he knew John Toney & his wife as such in the year 1780 He also testafies [sic] that his widow now applying for a Pension is the identical person known to him as his wife in the year 1780. and that she has never married since the death of her husband John Toney. Sworn to before me this 14th day of August 1838. MA Allen State of North Carolina Halifax County } This day personally appeared before me a Justice of the Peace for the County & State
William F Jinkins His X Mark
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above written Mr William F Jinkins and subscribed and swore to the foregoing affidavit in due form of Law. I also testafy [sic] that Mr Jinkins is a very old and respectable citizen of Halifax County and that his hand is so palsied as to prevent him from writing. His testamony [sic] is ratified to full faith and credit. Given under my hand and seal this 14th day of August: 1838. MA Allen [signature]
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State of North Carolina Halifax County } I Jesse H. Simmons Clerk of the Court of Pleas and Quarter Sessions for the County of Halifax hereby Certify that Mark A Allen Esq. whose Signature appears to the declaration of Martha Toney and the affidavits Winney Holly & William F Jinkins  an Nathan Baker is and was at the time of signing the same an Acting Justice of the Peace for the county of Halifax, and that faith and credit are due to his Official acts as such I also certify that his signatures to above recited affidavits and declaration are genuine
In testimony whereof I have hereunto set my hand and Affixed the seal of my Office at Halifax town the 15th day of September A.D. 1838
JH Simmons Clk
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August 7, 1936
xxxxxxxxxxxxxxx
BA-J/EEL John Toney- W,9859
Mr. W.T. Harris R.D. #2, Box 12 Eads, Tennessee
Dear Sir: The data which follow are obtained from the papers on file in Revolutionary War pension claim, W.9859, based upon the service in that war of John Toney. John Toney enlisted sometime before the battle of Camden (Gates Defeat), exact date and place not shown, and served during the years 1780, and 1781 in Captain Yarborough's and Buck's North Carolina Companies and continued in service until March or April, 1782. He died in November, 1823, place not shown. The soldier married in May, 1777, in Halifax County, North Carolina, Martha Carpenter. The date and place of her birth and the names of her parents are not shown. Soldier's widow, Martha, was allowed pension on her application executed August 9, 1838, at which time she was aged eighty-five or eighty-six years and resided in Halifax County, North Carolina. Children are referred to but no names are given. Very truly yours
A.D. HILLER Executive Assistant to the Administrator.
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State of North Carolina Secretary of State's Office
I William Hill Secretary of State in and for the State aforesaid do hereby certify that it appears from the Masterrolls of the Continental line of this State on the revolutionary war, that John Toney a private Soldier in Capt. Yarborough's Company of the 10th Regiment, was enrolled for the term of 12 months, some time in the year 1781 (the month nor day not mentioned) and that he was omitted on the 1st day of April 1782. Given under my hand this 26th day of October 1838.
W. Hill [signature]
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{illegible} Nov 19th 1838
 
Sir,
Mr. R H Mosby has sent to me the this {illegible} of Mar - then January {illegible} a following for a pensioned from the government of the United States, {illegible} and has requested me to State to you my knowledge of the {illegible} individuals who have {illegible} on behalf of the {illegible} everday with this {illegible}
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Littleton Nov. 18th: 1838
To Col Tanner L. Edwards
Sir, Inclosed [sic] I send you the case of Martha Toney with additional testamony [sic] placing the claim upon ground which can no longer be disputed. I have also procured from Mr Bynum a letter to you in which he avouches for the respectability of the persons who have testafied [sic] in the case. Intending to start in 8 or 10 days to the South I have to request that you will dispose of this case without delay and apprise me of the result~
With the hope that I shall hear from you speedily I remain very respectfully R.H. Mosby [signature]
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War Department Pension Office January 31, 1839
Sir, In the case of Mrs. Martha Toney, widow of John Toney, I make the following report: The record show that John Toney enlisted in 1781 (month not mentioned) and that in April 1782 his name could not be found on any roll. Affidavits are procured to show that Toney was in the service two years. The Department is willing to allow the claim for eleven months, because it is highly probable from the statement of James Durham, the only person whose testimony is founded on a personal knowledge of Toney's service, that he was in the service from April 1781 to March 1782: but to admit that he was in the service in 1780 would be to falsify the record. Upon this permit the agent for the claimant W. Mosby, and the undersigned, are at issue. A decision in favor of the claimant cannot be made by this Office, consistently with the well known rule that the credit of a record is greater than the testimony of witnesses. The papers are herewith endorsed. I have the honor to be Very respectfully Your [illegible] J.L. Edwards [signature]
Hon. J.R. Poinsett Secretary of War
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Littleton Fby 12th 1839
To Col James L. Edwards
Sir, I have been expecting daily to hear from you in compliance with your promise in relation to the fate of the case of Mrs Martha Toney. Presuming in the hurry of business that the subject has escaped your recollection I now beg leave to remind you of it, and to request a speedy answer. If the papers are still with the Secretary I request that my letter may be sent to him. In the event of the reduction of the case I desire you will furnish me with a copy of the report made by you in obedience to the request of the lady: I remain very respectfully R.H. Mosby
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Littleton Fby 26th 1839. To James L. Edwards Esqr
I have to acknowledge to receipt on this day of your favour dated the 14th of the month, in which you apprise me of the decision of the Secty of War in the case of Mrs Martha Toney allowing her a Pension for eleven months. It is now too late to express to him or to you how much this estimate falls short of what I most candidly consider she was intitled to. I must therefore ask the favour of you to cause the certificate of Pension to be made out without more delay and forwarded to me at this place. I will thank you also to say if the appropriation has been made for cases under the act of 7 July 1838- and if the agent at Fayetteville has ascribed official notification of such cases as have been allowed under that act. I remain very respectfully R.H. Mosby
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State of North Carolina Warren County}
This day personally appeared before me a Justice of the Peace James Durham a Pensioner of the United States aged 80 years who being first duly sworn according to Law Testafies [sic] and says that he first knew John Toney immediately before the defeat of Gnl: Gates near Camden he was then in the regular service and under the command of Captain Yarborough it was in the month of August 1780. he next saw John Toney immediately after the Battle of Guildford Court House he was then in service under Captain Yarborough in 1781. and in the fall of that year and immediately after the British left Halifax this affiant being then in service again met with John Toney at the Town of Halifax under the command of a Captain Bush. who was a regular office. The said John Toney was still in service until the month of March or April of 1782. This affiant is confident that John Toney served two years but knows he served at least one year and nine or ten months. He knew John Toney after he left the service and what impresses the fact on his mind is that he had a difficulty with him when at Halifax in service with this affiant struck him with a musket. This affiant has no knowledge of his marriage or the time it took place. Given under my hand & seal this 26th day of Septr: 1838. James Durham [signature] Sworn to & subscribed before me W.W. Vaughan JP [signature]
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State of North Carolina Warren County}
This day personally appeared before me a Justice of the Peace for the county above Mr James Durham and subscribed and swore to the foregoing affidavit in due form of Law. I also certify that Mr Durham is a very old man and respectable citizen and due faith and credit should be given to his testamony [sic] Given under my hand and seal this 26th day of Septr. 1838 W.W. Vaughan JP seal [signature]
State of North Carolina
I Edward W Best Clerk of the Court of Pleas and Quarter Sessions for the County of Warren and State aforesaid hereby certify that WW Vaughan whose signature appears to the foregoing affidavit and certificate is now and was at the time of signing the same an acting Justice of Peace in and for the County of Warren aforesaid; and that to all his official acts as such. Full faith credit and authority [page is ripped through the word authority] are due and aught to be given 
In testimony whereof I have hereunto affixed the seal of the Court aforesaid and subscribed my seal at office in Warrenton the 1st October 1838
Edw,, W Best Clk [signature]
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Know all men by these presents that I Martha Toney widow of John Toney of Halifax County State of North Carolina do hereby irrevocably constitute and appoint John M Bryant of the City of Washington, District of Columbia, my true and lawful Attorney for me and in my name place and stead, to claim recover and receive for me any sum or sums of money due and unpaid to me, on account of any arranges or increase of pension which may be due to me, as widow aforesaid, under existing pension laws, to file such widower as may be required, make such arguments as may be necessary, to secure and collect such sums of money, as may be found to be due as aforesaid and to receipt for the same, as my said Attorney. Hereby ratifying and confirming all that my said Attorney may legally do or cause to be done in the premises. In testimony whereof I have hereunto set my hand and seal this 26 day of July - 1852
Witnesses M S Vincent [signature] WF Jinkins [signature]
Martha Toney her X mark 
State of North Carolina Halifax County SS Be it known that on the 26 day of July - 1852, before the subscriber a justice of the peace in and for said County, duly authorized by law, to administer oaths, personally appeared Martha Toney above named and acknowledged the foregoing power of Attorney to be her act and deed. In testimony whereof I have hereunto set my hand the day and year last above mentioned B.L. Edwards. J.P [signature]
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State of North Carolina Halifax County } SS
I William [illegible, possibly McDaniel] Clerk of County Court of the County and state aforesaid do hereby certify that B W Edwards is a Justice of the peace in and for said County, duly commissioned and quantified, that his commission was dated on the 16th day of August 1852 and will expire upon his death or resignation and that his signature above written is genuine. Given under my hand and the seal of said County this [illegible] day of August 1852
W [illegible, possibly McDaniel] Clerk
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To the State Secty Of War 
In the case of Mrs Martha Toney widow of John Toney now before you for a Pension. I beg leave to make the following statement in reply to the objection of the commissioner. The commissioner first says "That John Toney enlisted for 12 months in the year 1781 and that he did not serve that time [illegible]" a his name "was omitted on the 1st of April 1782. He also contends that it is incumbent on the widow to show " at what time in the year 1781 her husband did join the army" - and in as much as the testamoney [sic] does not show the precise period of enlistment that the pension cannot be allowed. In answer to the foregoing objections I have to say that the application is made to depend on the testamony [sic] of Mr James Durham whose credibility is not questioned by the Comsser: he states that to his knowledge John Toney was in service as early as the 1st of August 1780 - and that to his knowledge he continued to serve from that period to the spring of 1782. The commissioner is of opinion that in as much as the record only shows that John Toney was in service in 1781 it goes to exclude the testamony [sic] showing that he was in service on the 1st of August 1780. On behalf of the widow I contend that the record is strictly in accordance with the testamony [sic] so far as it does go - and that the fact of his appearing by the record to be in service in 1782 is strong presumptive evidence of the correctness of the statement in reference to the period of service proved to have been rendered, prior to that period [illegible] in  1780. In a word I contend that there is no conflict between the showing of the Records and the [illegible] testamony [sic]
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John Toney may have performed malitia [sic] service prior to the period when it appears by the record he was mustered into the regular army - or if the testamony [sic] of Mr Duham had proved service after the 18th of April 1782 Then it could with great propriety be contended that his statement is not to be relied on - But I beg you will hold strictly in recollection that his testamony [sic] proves service up to the period when the record shows that it was concluded - and for the period of service proved to have been rendered prior to the showing of the Records I contend the appicant [sic] is intitled  because that service is proved & the record is not only silent in relation to it but it is not contended That there is any evidence with which it conflicts. I claim according to the evidence a pension for one year and ten months. All of which is respectfully submitted
R H Mosby [signature]
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State of North Carolina Warren County} 
This day personally appeared before me a Justice of the Peace for the county and state above. Col Joseph J. Alston of Halifax county who being first duly sworn according to Law testafies [sic] and says that he is now in the 76th year of his age; and from his birth has resided in the same neighbourhood with John Toney and his wife who is now applying for a Pension. This affiant was not present at the marriage of John Toney & his wife nor will he pretend to state the precise period when it took place. But he is as well convinced that it took place during the Revolution as he can be of any fact that he did not see - He is convinced of the accuracy of this opinion because he knew John Toney and his wife; as man and wife for a period of more than fifty years; and he is confident that the eldest child of John Toney if now alive would be sixty years of age - and those now residing near this affiant are certainly between fifty five & sixty~ This affiant was at Halifax immediately after the British left it in 1781. and he has a distinct recollection of hearing that John Toney was there in service altho [sic], he did not see him. He also recollects when John Toney returned home, he braught [sic] with him the belt in which he carried catridges [sic]~ Through a long life this affiant has never heard it questioned that John Toney was not only a soldier of the revolution but served for several years in the opinion of all who can recollect to that period. In the absence of any evidence on the part of this affiant of the service of John Toney he would rely on the statement of Mr James Durham knowing
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as he does that any statement made by him may be relied on for truth and accuracy. Given under my hand and seal this 6th day of Novr 1838 J Alston [signature]
State of North Carolina County of Warren} This day personally appeared before me a Justice of the Peace for the county above written Col Joseph Alston of the County of Halifax and subscribed and swore to the foregoing affidavit in due form of Law. Given under my hand and seal this 6th day of Nov 1838. W.W. Vaughan JP seal [signature]
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State of North Carolina Warren County}
The affidavit of Starling Johnson of the county and state above taken to prove the marriage of John Toney to his wife Martha Toney now applying for a Pension. This affiant being first duly sworn according to Law testafies [sic] and says that he is now 72 years of age and was born and raised and resided in the same neighbourhood with John Toney and his wife - from the earliest period of his recollection he has known John Toney and his wife as man and wife; and this affiant has known the children of John Toney and altho [sic] he has no knowledge of the precise period of their births still he is as well convinced as he can be of any fact that her first born child if alive would be at least sixty one years of age. This affiant is as certain of the fact that John Toney was a soldier of the Revolution and served as stated by Mr Durham as he can be of any fact that he did not see - He is convinced of the fact because he mustered in the same company with John Toney at the close of the Revolution and he was then and at all times since considered as an old soldier who had served in the war and I have never heard it questioned by any one - and what is conclusive to the mind of this affiant is the fact that Mr Durham has proved the fact that he did serve and his statement both for accuracy and truth may be relied on - In conclusion this affiant says that he is as will convinced of
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of the fact that John Toney served as a soldier of the Revolution and at the time he rendered the service that he was then married to his wife now applying for a pension as he can be of any fact that he did not see with his own eyes. Given under my hand and seal this 6th day of Novr: 1838. Stirling Johnson [signature]
State of North Carolina County of Warren } This day personally appeared before me a Justice of the Peace for the county above written Starling Johnson of the said county and made oath in due form of Law to the foregoing affidavit. I also certify that Mr Johnson is one of our oldest & most respectable citizens and his testamony [sic] is entitled to full credit - Given under my hand & seal this 6th day of Novr 1838. W.W. Vaughan JP seal [signature]
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State of North Carolina County of Warren }
This day personally appeared before me a Justice of the Peace for the county above written Nathan Baker of the county of Halifax who being first duly sworn according to Law testafies [sic] and says, that it is true as stated in his former affidavit that he cannot state the precise period of the marriage of John Toney altho [sic] he resided in the immediate neighbourhood where it took place, but he is as confident of the fact that it took place at an early period of the Revolution as he can be of any fact whatsoever. This affiant is confident of it because his recollection is clear and distinct that John Toney and his wife were living as such as much as fifty five years ago. This affiant was at the same school with the eldest son of John Toney and if he was alive he is convinced he would be fifty nine or sixty years of age. And the children of John Toney now residing near this affiant cannot be less than from fifty five to sixty. But in the absence of other proof this affiant considers the testimony of Ms Winny Holly as ample and sufficient to establish the fact of the marriage and the period when it took place. And he also feels the utmost confidence in the statements of Mr Durham in relation to the service rendered by John Toney. From his first recollection and knowledge of John Toney he was always considered a soldier of the Revolution and this affiant never heard the fact questioned. Given under my hand and seal this 6th day of November 1838. Nathan Baker [signature]
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State of North Carolina Warren County} This day personally appeared before me a Justice of the Peace for the county above written Nathan Baker of the county of Halifax and subscribed and swore to the foregoing affidavit in due form of Law; I also testafy [sic] that Nathan Baker is a man of high respectability and credit. Given under my hand & seal this 6th day of Novr: 1838. W.W. Vaughan JP seal [signature]
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State of North Carolina County of Warren} This day  personally appeared before me a Justice of the Peace for the county above William F Jinkins of Halifax County who being first duly sworn testafies [sic] and says. That since giving an affidavit about John Toney and his wife he has reflected more maturely, and he is as well convinced that John Toney was married at an early period of the Revolution as he can be of any fact. This affiant is now 73 years of age and he has a distinct recollection of John Toney & his wife as man & wife for fifty five years or more. This affiant has had called to his recollection the fact that John Toney was married the year after he lived with William Carter that period & his living with Carter this affiant well recollects and he also recollects that a short time after that he heard it talked in the neighbourhood that John Toney and Martha Carpenter were married. This affiant from reflection is well convinced that the marriage was in 1777 or 1778. he knows it was at least two years before the British were at Halifax. He is also confident that the eldest child of John Toney if now alive would be quite sixty years of age. He is fully convinced that John Toney did serve for several years as a soldier in the Revolution and he has never heard it questioned. Given under my hand & seal this 6th day of Novr: 1838. William F Jinkins [signature]
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State of North Carolina Warren County} This day personally appeared before me a Justice of the Peace for the county above written Willian Fort Jinkins of the county of Halifax and subscribed and swore to the foregoing affidavit in due form of Law. I also certify that Mr Jinkins is a man of high respectability and credit. Given under my hand & seal this 6th day of Novr 1838
W.W. Vaughan JP LS [signature]
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State of North Carolina
I Edward W Best Clerk of the Court of pleas and quarter sessions for the County of Warren hereby certify that the signatures of W. W Vaughan affixed to the foregoing affidavits of Col Joseph J Alston, Starling Johnson, Nathan Baker & William F Jinkins is and was at the time of signing the same an acting Justice of the peace for the County of Warren and that faith & credit are due to his official acts as such I also certify that his signatures to the above recited affidavits is genuine
In testimony whereof I have hereunto affixed the seal of the Court aforesaid & subscribed my name at office in Warrenton the 19th Novr. 1838 Edw,, W Best Clk [signature]
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Washington Aug 28, 1882
Comm of Pensions 
Sir
Enclosed is a power of Attorney from Martha Toney widow of John Toney A Revolutionary pensioner on the North Carolina Roll, authorizing me to look into her case. Please have the papers set out for that pension + oblige 
yours Respectfully John M Bryant [signature]
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No. 2447 Martha, widow of John Toney act 4 July 1836 N. Carolina Roll $36.66 per an
Send cut: to R.H. Mosby Esq Littleton, N.C
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WIDOW, &c.
File No. 9859 Martha Toney wid John Toney Privat Rev. War Act: July 4th 1856 Index:- Vol. M Page 278 [Arrangement of 1870.]

[Left side of form]
1936- Aug. 7- Hist. to [illegible] & informed heirs not entitled to pen. or land. [illegible]
1936- Sept. 1- W. T. Harris [illegible] source of inf. in re. to N.C. land grants. [illegible]
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Department of the Interior Pension Office
Old war Div. [illegible] Ex'r
Return this letter with your reply. Washington, D.C. February 19th, 1886
Sir, Your letter of the 8th inst is received, addressed to the Third Assistant. Post-master General, by him referred to this Office, enquiring whether the heirs of John Toney, a Revolutionary Soldier "are not entitled to something" on account of his services. So far as this enquiry relates to a claim for pension, or bounty land, on account of Services in the Revolutionary war, which are adjudicated in this office, you are advised that the death of the soldier and his widow terminates all further claims to a pension, as no child or other heirs are entitled. In the case of a Revolutionary Solider on account of whose services no Bounty Land has been allowed, his surviving children who were under twenty one years of age on the 3rd day of March 1855, can claim the same, provided they are able to satisfactorily prove their father's and marriage, but the heirs of such children have no title to the Bounty Land ~
The certificate of Freedom is returned enclosed ~ Very respectfully
Mr W. R Morgan [signature] Springfield Conway Co Arks. Commissioner
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R.J.D 2 Box 12 Eads Tenn. 7-20-36
Veterans Adm. Washington D.C.
Dear Sir: Your letter, BA-J/MMHF:MLB, in which you asked for further information about John Toney, is at hand. In reply to it I can but say - the dates of birth and death are unknown, but the fact that "Records of the pension office at Washington (supra) show that said John Toney was married to one Martha Carpenter in May 1777", coupled with the Census
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of 1790", which states that "John Toney of Halifax Co. (N.C.) was head of a family of seven persons", will dictate that he was not an old man in '77, neither was he dead in '90. According to trdition [sic], John Toney was an Indian man - described as a "man of Colour" and nothing know we of his parentage. John Toney must have died somewhere between 1790 and 1839 because "Martha Carpenter who as widow of the soldier was granted a pension January 31, 1839". His marrying in Halifax Co. in seventy seven and his dwelling
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there in '90 indicate that he was a resident of Halifax Co. before and after his enlistment. As a direct source of information, I am enclosing the copy of the original Blue Print, which we received from the state of N.C. through the exertion of tireless efforts after an advertisement appeared in an Arkansas news paper advising all Indians that had claims against the U.S. Government to send their claims in. I am asking you to please return them or a copy thereof. Thanking you in advance for any aid circumstances will admit. I am, Very respectfully yours, W.T. Harris.
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R.F.D. 2 Box 12 6/9/36
Eads Tenn. Vet. Adm. Wash. D.C.
Sir: After years of tireless efforts to obtain the compensation for the Revolutionary War service of one John Toney, we-the lawful descendants of the said John Toney- do hereby respectfully appeal to this administration for aid. Through the exertion of efforts to obtain the said soldier's reward we received papers, which revealed that the compensation was a "Land Grant"; but at the same it was revealed that the land had escheated to the state of N.C. wherein the
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land lies. The land is believed to be in the city of Fayetteville N.C. From evidence examined the escheat couldn't be lawful as long as there were heirs, although they were in the territory of what is now West Tenn. The said discharge papers of the said soldier were destroyed in a manner that can be explained. I have a copy of papers mentioned above that revealed the grant and a memorandum, which the recent investigation of a Washington D.C. attorney produced. It is believed that these papers will enable an investigator to strike the trail
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The attorney mentioned declares that the land can be redeemed but refuses to redeem it for fourty [sic] per cent of the market value of the said property unless we pay him a specified amount in advance, which we are unable to do. We have employed a series of attorneys but they failed to produce the desired fruit. Since such is now the case what step should we now take? Has the government any branch for the investigation of such cases? Please consider the age of said grant and urge that we get justice. Hopefully dispatched, W. T. Harris.
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[Image of a stamp containing text:]
RECEIVED JUN 11 36
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July 14, 1936
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BA-J/MMHF: MLB
Mr. W. T. Harris
R. F. D. #2, Box 12 Eads, Tennessee
Dear Sir: Reference is made to your letter in which you request aid from the Veterans Administration in regard to obtaining for the descendants of John Toney anything that might be due, land or pension, on account of his service in the Revolutionary War. In order to determine whether or not a claim for pension or bounty land has ever been filed on account of the Revolutionary War service of the John Toney in whom you are interested, please furnish as much as possible of the following data: approximate dates of birth and death, places of residence at enlistment and after service and given name of widow. Upon receipt of this information, a search of the records will be made and you will be advised further in the matte. Very truly yours A.D. HILLER Executive Assistant to the Administrator
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COPY [handwritten next to it:] of paper sent by W.T. Harris + returned to him
North Carolina Land Grants State of North Carolina. Know ye that We, for and in consideration of the sum of Fifty Shillings for every hundred Acres hereby granted, paid into our treasury by JOHN TONEY have given and granted and by these presents do Give and Grant unto the said JOHN TONEY, a track of land containing Fifty Acres, lying and being in our County of Anson. On Kelley's Fork of Hitchcock, beginning at a hickory said to be in John Crawford Esqr. line and running with his line North five degrees West four chains fifty links to his coner [sic] stake amongst two pines and oak and white oak same course Ten Chains and fifty Links to a corner thence South Eight five degrees West twenty six chains to a corner, then south five degrees East Twenty Five Chains to a corner then south five degrees East Twenty Five chains to a corner then North Sixty Five degrees East twenty seven Chains and Fifty Links to the beginning. Dates March 4th 1780 Grant Book 37, page 327.
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COPY [handwritten next to it:] of paper sent by W. T. Harris + returned to him
North Carolina Orange County) This day cane [sic] Charles Woods and Charles Hood and made oath that they were well acquainted with John Toney a man of Colour in the Revolutionary War, that he was in Captain Yarborough's Copany [sic], that he died with measles at James Island to the Southward-& left no lawful or legal heirs, Sworn to and Subscribed this 31st day of May 1821. Charles Wood his mark Charles Hood his mark
Attest Fred Moize, J.P.
Orange County) We hereby certify that the credit of Charles Wood and Charles Hood who assigned the above deposition is not disputed. Given under our hands this 31st day of May, 1821. F. Moize, J.P. Moses McCown, J.P.
Orange County) I John Taylor clerk of Orange County Court do hereby certify that Frederick Moize and Moses McCown whose names and signatures appear on the above deposition and certificate, are Acting Justices of the peace for said County and due faith and credit should be given to their Official acts as such. Given under my hand and seal, 31st of May 1821 J. Taylor, C.C. 1821 (Seal of Office)
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Laws of North Carolina--1789, Chapter XXI
An act for raising a fund for erecting the buildings and for the support of the University of North Carolina
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Sectuon [sic] 2. And be in enacted, That all the property that has heretofor shall hereafter escheat to the State, shall be and hereby is vested in the said Trustees, for the use and benefit of the said University.
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COPY [handwritten next to it:] of paper sent by W. T. Harris + returned to him
List of Land Warrants, for service in the Revolutionary War. #791 To the president and trustees of the University of North Carolina for the service of John Toney a pt. time of service 84 months, No. of Acres 640. Delivered to Col. Thos. Henderson for the trustees. 8 August 1821. Land Warrant Book in Office of Secretary of State of the State of North Carolina.
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From Army Account Book, Vol. 13 Book zz The name of John Toney appears; Allowed John Toney, Private for pay from 1st April 1781 to 31st December 1781. the sum of 26.4 .8 Number in book 65,
Army Account Books in Office of State Auditor.
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Roster of Continental Line of North Carolina. 10th Regiment, John Toney, pt. Yarboro's Company. enlisted--1781 for 12 mo. service. omtd 1 April 81. State Records of North Carolina, Vol. XVI page 1174.
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Census of 1790. State Records Vol. XXVI Cumberland County. Fayetteville. John Toney Head of Family, not a white person. All other free persons 5. page 464. Census of 1790. Vol XXVI Halifax County. Head of Family, John Toney. (Spaces heading "Free White", blank) under heading "All other free persons" 7.
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August 7, 1936
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BA-J/MMHF/ee1
Mr. W.T. Harris H.D.#2, Box 12 Eads, Tennessee
Dear Sir: Reference is made to your letter in which you state that the John Toney in whom you are interested, married Martha Carpenter and lived in Halifax County, North Carolina, said Martha having received a United States pension for service of her husband in the Revolutionary War. You state that the heirs are entitled to land for his service and submit papers from the state of North Carolina describing an original grant, dated March 4, 1780, and other papers in regard to persons with the name John Toney, one of whom, the colored man, was deceased in May, 1821. Martha Carpenter Toney stated that her husband died in 1823. Your citations and papers submitted do not pertain to records of the United States Government, but to North Carolina state records and to land transactions in that state. The land which you state lies in North Carolina, believed to be in the city of Fayetteville, would not be a United States grant but a North Carolina state grant which would not be recorded in United States government records. There is now no provision of law under which the descendants of soldiers of the Revolutionary War are entitled to United States pensions of land based upon service in that war. Your official papers are returned herewith. The record of the John Toney of Halifax County, North Carolina, is furnished you herewith as it may be of interest to you. Very truly yours A.D. HILLER Executive Assistant to the Administrator
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[Stamp containing text:] RECEIVED AUG 14 1936 MAIL SUB. DIV. 11 [other stamp text illegible]
R.F.D. 2 Box 12 Eads Tenn. 8-10-36
Veterans Adm. Washington D.C.
Dear Sir: Reference is made to your letter BA-J/MMHF/ee1 (of Aug 7) in which you stated that the land granted to one John Toney for service in the Revolutionary War wasn't a national but a state grant. In those days the states acted similar to the World War allies and assumed their responsibility.
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Since such was the case, is not N.C. responsible for the grant? If not, what released her? Is it lawful for N.C. to pay such legal debts or deliver possessions? if so, has the State Government any branch for investigating such matters? So whom should I call for aid if the grant is yet valid? If you can supply any of the sought information or refer me to some dependable source of aid, please give the address of the person to whom
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you referred me. Thank you, Respectfully submitted, W.T. Harris.
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[Stamp containing text:] RECEIVED AUG 14 1936 MAIL SUB.DIV. VETS ADM READEE 11
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September 1, 1936
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Mr. W. T. Harris R. F. D. #2, Box 12 Eads, Tennessee JOHN TONEY W. 9859 BA-J/MMHF:MLB
Dear Sir: Reference is made to your letter of August 10, in which you request to know the source of information in regard to land granted John Toney by the State of North Carolina, and located in North Carolina. It is suggested that you apply to The Secretary of State, Raleigh, North Carolina. Information might be obtained, also, from the North Carolina Historical Society, North Carolina. This office cannot advise you in the legal matters pertaining to the North Carolina State land grant in which you are interested. Very truly yours A.D. HILLER Executive Assistant to the Administrator