Revolutionary War Pension and Bounty Land Warrant Application File S. 6819, John Mc Kor Eller, N.C.

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(3-1776) 
SERVICE 
N.C.

Eller, John Mc Kor 

NUMBER
S.6819

carded

CONTENTS:

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12.770
North Carolina
John M. Eller 
of Rowan in the State of North C
who was a pri. in the ------ command
by Captain -----  of the ----- command
by -------  in the North Car:
line for 6 months + 10 days - 
----------------------------------------
Inscribed on the Roll of North Carolina 
at the rate of 21 Dollars 10 Cents per annum
to commence on the 4th of March, 1831.

Certificate of Pension ifsued the 22'd day of May 33
and sent Jar. E. Rev
Salisbury No. Ca.
------------------------------------------
Arrears to the 4th of March '33 42.20
Semi-anl. allowance ending 4 Sept " 10. 55 
$52.75 
{Revolutionary Claim, Act June 7, 1832.}

Recorded by Con. Miller Clerk, 
Book E. Vol. 6. Page 39

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State of North CAroline  Superior Court of Saiv
Rowan County  April Term 1833

On this 9th day of April in the year of our Lord one thousand eight-hundred and thirty three, personally appeared before the judge of the Superior Court for the County of the County of Rowan, John McKor Eller of the County and State aforesaid, aged 77 years who being first-duty sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit-of-the provision of Congrefe paper June 7th, 1832
That he volunteered in the army of the United States in the year 1780 under Gen. Somoles, with Richard Graham Capt. Fred Hambright-[unintelligible:Rembrand] and served a tour of three months (refer to certificate of discharge)
That he afterwards served three months at the head of the Catawba River under General Rutherford and David Caldwell Capt (refer to certificate of discharge)
That he served ten days on the Yadkin River under Peter Faust in erecting a Fort - 
 That he captured a deserter from the continential line of North Carolina (see Certificate) which he states

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on oath, who from a previous understanding with his officers considered equivalent to three months service, which procured him an exemption from service for three months, but with some pay as if in actual serviec-- making in all something more  that nine months service-- 
That he was residing in the county of Rowan N.C. at the time he was called into service and that he has intended to reside in the same County since the revolutionary war

From so in open   John Mekor Eller
Cont 9th April 1833         Mark
Henry Giles, CSC

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We Abraham Ary and Christian Kester residing in the county of Rowan hereby certify that- we are with acquainted with John McKor Eller who has subverted and sworn to the above declaration: that we believe him to be 77 years of age; that he is refuted and believed in the neighborhood in which he lives to have been a soldier of the revolution
Sworn to in open court 9th Apr 1833
[signed "Henry Giles CSC" "Abraham Ary" "Christian Kesler"] 
Mark

And the said Court so hereby declare their [decision?] after the investigation of the matter + after putting the interrogations prescribed by the War Ochartment, that the above appelant was a soldier of the revolution + served as he states + the court- further declares that it appears to them that Abraham Ary, Arielius Kesler and who have [?] to for a [?] certificate are credible persons + that their statement is ensited to credit

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I Henry (illegible) of the Superior Court of law for the county of Rowan do hereby certify that the foregoing contains the original proceedings of the said court in the matter as the application of John Mc Kor Ellen for a pension
In testimony whereof I have hereunto set my +seal of office this 9th day of April in the year of our Lord one thousand eight hundred + thirty three
Henry Giles CSC

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No. 24982
John Mc Eller Rowan County North Carolina
Admin approved 6 months $21.10

Ja. E. Sher Salisbury North Carolina

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Sir,
The evidence in support of your claim, under the act of June 7th 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 with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. The points to which your attention is more particularly directed, you will find marked in the margin with a brace (thus: }). You will when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request greatly facilitate 
the investigation of your claim.
A Statement, showing the Service of John Mc Eller Rowen County North Carolina
Period when the service was rendered. 1780
Duration Volunteered 3 months
Served 3 months
Served 10 months
Rank of the claimant
private
Names and rank of the Field officers under whom he served.
Gen Lincoln, Gen Rutherford twice,
Age at present, and place of abode when he entered the service.
77 years, Rowan County N. Carolina
Proof by which the declaration is supported. Traditionary evidence certified credible + documentary evidence paper correct
Claimed for taking a deserter
I am respectfully your obedient servant, J. L. Edwards Commissioner of Pensions

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REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:    This law has been constructed 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, drafter, or who volunteers and who were bound to military service but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatman, &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 Revolutionary War exist in this Department, all persons, claim in the benefit of this law as officers, non-commissioned officers, musicians 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 County of } ss.
On this ______ day off _______ personally appeared (a) before A.B. a resident (b) of _______ in the county of ______ and State, Territory or District of _____ aged  (c) _________ years, who being first duly sworn, according to law doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d)_____-, with ____ and served in the ______ € regiment of the _____ line, under the following officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must clarify 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 county through which he marched. *This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy &c.] 
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of ________________                                                                                                                                                               Sworn to and subscribed the day and year aforesaid.          A. B.                                                                                                                                         [And then will follow the certificate of the Court]                                                                                                                                                                                                          And the said Court do hereby declare their opinion (g) that the above names applicant was a revolutionary soldier, and served as he states.                                                                                                                                                                                 I _________ of the court of ________ do hereby certify (h)that the foregoing contains the original proceedings of the said Court in the matter of the application of _______ for a pension.                                                                                                In testimony whereof I have hereunto set my hand and seal of office (i) this ____ day of ____ &c.  
If, on examination of the proper record the names of applicants, making such declaration, cannot be found they will produce such proof as the rule given in note (j) points.                                                                                                                      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 ____ and C. D. residing in (the same) hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; we believe him to be ____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in the opinion.                                                                                                                               Sworn and subscribed the day and year aforesaid.                                                                                                                   [And then will follow the certificate of the Court] And the said Court do hereby declare their opinion after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. ___ who has signed the proceeding certificate, is a clergyman, resident in the ____ and that C. D., who has also signed the same is a resident in the ____ and is a credible person, and that their statement is entitled to credit.                                                                                                                                                                                           I, ____ Clerk of the Court, in the matter of the application of ____ for a pension.  
In testimony whereof, I have hereunto set my hand and seal of office, this ___ day of ___ &c.                                                 Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained., the party will so state under oath, and will then procure if possible, the testimony of at least on 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, of 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 alleged service,

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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 on 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 propose 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 where 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?                                                        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 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 he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth is the statement of the applicant.                                                                                       The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons- one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify and they will also certify, to the character and standing of other persons, giving such certificates.                                  The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.                                                                             Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination before 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 of Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.                                                                                          No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.                                  [a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.                                                                                                      [b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a reason for not conforming to the rule.                                                                                                                                      [c] The age of the claimant must invariably be mentioned.                                                                                                                        [d] The declarant must mention the period or periods of the war when he served.                                                                       [e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words.                                                                                                                                                                             “Personally appeared before me, the undersigned a Justice of the Peace, &c. A. B. who, being duly sworn, deposet 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 to indefinite and all such qualifying expressions are objectionable. It must, in every case, be clearly shown under what officers the applicant served, the duration of each term of engagement; names of the officers, and other particulars respecting their service. This form of a declaration is the particular place or places where the service was performed; that the service was performed; that the applicant served with an embodied corps called into service by competent authority, that he was either in the field or in garrison: and for the time during which the service was performed; he was not employed in any civil pursuit.                                                                                                                                                              {f} The law makes the relinquishment indispensable.                                                                                                                                  {g} The opinion of the Court is always required.                                                                                                                                         {h} The clerk must give his certificate in every case. {i} The clerk must 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 not public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer should accompany the papers. 
                                                                Mode of authenticating papers.                                                                                                                                                                    In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, to as to prevent any paper from being improperly attached to the certificate.
                                                                          Proof of Service.                                                                                                                     {j} In the case where the nae of the applicant is not found in 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, time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witness and the official character and signature of the magistrate must be certified by the proper officer, under the seal of office. {l} The notes from (a) to (m) are equally applicable to the case of Militia men, Volunteers and State Troops. The proof required by rule in note (j) applies to continental troops only.                                                                                                             {k} This traditionary evidence is indispensable in militia cases.                                                                                                               {l} If a witness cannot be found, the declarant must state the fact.                                                                                                      {m} The answers to the interrogatories must all be written and sent to the War Department, with the declaration.

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Rev & 1812 Wars Section
AWF 
December 6, 1928
Mrs. B.B. Hanna
Weaverville
North Carolina
Madam:
I advise you from the papers in the revolutionary War pension claim S. 6819, it appears that John Melker Ellor (pensioned John M. Eller), while residing in Rowan County, North Carolina, enlisted in 1780 and served three months in Captain Richard Graham's North Carolina Company, and was discharged March 4, 1780; later in 1780 he served three months in Captain David Caldwell's North Carolina Company, he also served ten days under Peter Faust and helped to build a fort on the Yadkin River.
He also stated that he captured a deserter from the Continental Line of North Carolina and delivered him to Captain George Doherty, for which he was exempt from a three months tour. He was allowed pension on his application executed April 9, 1833, at which time he was living on Rowan

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County, North Carolina, aged seventy-seven years. There are no family data.
Respectfully, 
WINFIELD SCOTT
Commissioner

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(illegible)
S Giles 6819
John Mc Eller N.C.

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Camp at Feskocks Mill August 10th 1781 This is to certify that John Mc Kor Eller brough in and delivered to me a Deserter from the Continental Line from this state Named Daniel Raymond + is under guard
George Doherty Capt
NC Army

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SF 6819
John m Eller
NC

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may 8 1780
This is to certify that John M Eller served three months with me at the start of the Lawston River with me as a private soldier David Caldwell Capt

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S File 6819
John Mc Ellen NC

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This is to Certify,
That John Mc Korr Eller has faithfully served out his tour of Duty of three months, in General Lillington's Brigade, to the Southward , Given under my hand this twenty fourth day of March 24, 1786. 
(illegible) Graham Capt

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S F 6819
John M Eller

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(stamped) The National (illegible) of the United States

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Request for Photostating
(To be prepared in duplicate)
Ex awl
OFFICE OF THE CHIEF CLERK
Job No. 691
Date March 24, 24
Subject John Mc K Eller Rev S6819
1 Copies of 1 pieces consisting of 4 pages to be forwarded when completed to the Rev War Section Division Remarks. 
Approved
WG Wilson Chief Div.
Rev. War Section

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Postal Stamp Circle
ASHEVILLE    FEB 29
2                      230PM
N.C.                 1928


Commissioner of Pensions
Pension Office 
Washington D.C.

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Weaverville N.C.
Feb 28, 1928
To the Commissioner of Pensions
Dear sir,
Please give me the Pension record of John M Eller of North Carolina he lived in Burke Co. NC and afterwards in Buncombe and served in the Revolutionary War any facts I think he received from Rowan Co NC yours Mrs. B.B. Hanna

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6819
INVALID.
No. 6819
Rev War
John M Eller
Pri Rev War
Act: June 7th 32
Index: --Vol. 1st, Page 112
[Arrangement of 1870.]

1924 Mar. 10. James W. Hook. 224 Everit St. Newhaven Conn. (?) cost of copies of 4 pages, 
1924 Mar. 25. copies mailed to above, see receipt for payment in Wm. Hook, Va. No 7755 acc
1928. Dec. 5 (?) Mrs. B.B, Hanna