Revolutionary War Pension and Bounty Land Warrant Application File R. 1391, John Buckaloe, S.C.

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SERVICE
S.C.
Buckaloe, John
or Buckalew
NUMBER
R. 1391 
CONTENTS

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The State of Alabama S.S.
Marengo County
On the nineth day of October in the year of Our Lord 1834, personally appeared before the Honorable Henry W Collier, Presiding Judge of said Court, John Buckalew, a resident citizen of said County and State aged about seventy-eight 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 Provisions made by the act of Congress Passed the 7th June 1832: That he lived at the Commencement of the Revolutionary War in Edgefield District in the State of South Carolina and first volunteered to serve as a soldier in the year not now recollected but it was at the first raising of troops in South Carolina; he this time served under Captain Purvis in a Regiment Commanded by Genl. Andrew Williamson. Afterwards Captain Purvis was promoted to be Colonel in the same Regiment and John Clinton succeeded as Captain of the Company in which this applicant served, Joseph Lewis was Lieutenant, and Henry Keys was Ensign of the same. He with the troops this time to the neighbourhood of St. Augustine where they remained a short time and were then marched to Midway Meeting house near the Ogeechy [Ogeechee] River in the State of Georgia when the troops were disbanded and this applicant returned home, having served this tour more than three months. About three months after he returned home, this applicant again volunteered to serve in a Rifle Company of Horse under Captain Jefferson Williams and was attached

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to a Regiment commanded by Col. Purvis under Genl. Andrew Williamson. He was this time marched with his company from the Edgefield District to the neighbourhood of Orangeburg in South Carolina and was engaged in frequent skirmishes while on scouting parties. After being in service three months mostly in the vicinity of Orangeburg. The troops were discharged and this applicant again returned home where he [illegible] but at short time. When he again volunteered in a Rifle Company of horse commanded by Captain Francis Linkfield of this company, Rolly Robuck was Lieutenant and Ezekiel Robuck ensign. They were attached to a Regiment commanded by Col. Heri Hammond under the command of Genl. Williamson. He volunteered for three months this time and was stationed at Liberty Hill in South Carolina. The company to which this affiant belonged was during this service frequently engaged across the River Savanah in scouting parties in the State of Georgia and he was with them in many skirmishes and in one battle which was fought on Rocky Comfort in the same state. When Major Ross was killed. At the expiration of the time for which they were called out, the troops were discharged, and this applicant returned home. He served this time three months. After being home a few days, he went into the County of Mecklenburg in the State of North Carolina, and after a short time, he volunteered in a horse company some time in the year 1778 as well as he recollects under Captain James Harris, who was shortly afterwards promoted to be a Major, and succeeded by Capt. Thomas Ray, Oliver Wiley Lieutenant and John Lemons Ensign. He was attached to the army commanded by General William Davidson and was marched down near Camden. He was

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engaged all the time in scouting parties. He just volunteered for three months but then became such necessity for the service of troops that he was engaged in service as a soldier until the battle of Guilford. He was a Sergent from the time of his becoming a volunteer at Mecklenburg until the termination of his service at Guilford which was two years service and more. After he had been in service about four months, he was engaged in the battle at the Hanging Rock in the edge of South Carolina. Genl. Sumter commanded here. We had been detached from the army of Genl. Davidson to join Genl. Sumter. We were defeated at Hanging Rock and returned back to the army under Genl. Davidson. We were on this expedition six days. Some months after, this applicant still continuing and acting as Serjant in the Company in which he volunteered in at Mecklenburg was engaged in the battle fought at Tools ford on the Catawba river. Here Genl. Davidson was killed. We retreated from the Catawba to Guilford and joined the army under Genl. Green a few days before the battle at the Court House. He was engaged in this battle and shortly afterwards in a few scouting parties when the company to which he belonged and was disbanded and put an end to his services in the Revolutionary war. He was from the time of his volunteering at Mecklenburg as before stated until he was discharged after the Battle of Guilford, more than two years in Continental and active service. He had before served as already stated Nine Months. Making his whole service two years and Nine months

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He hereby relinquishes every Claim whatsoever to a Pension or Annuity except the Present, and he declares that his name is not on the Pension roll of any agency in any State.

Questions Propounded by the
Ques: 1st. When and in what year were you born?
Ans: I was born in London County Virginia My father died in the revolution War & all the records of My age were lost, so that I Cannot tell the year
Ques: 2nd Have you any record of your age & if do Where is it.
Ans: I have no record. I recollect that I was sixteen years of age When I first volunteered in South Carolina
Ques: 3rd Where were you living When Called into service Where have lived since the Revolutionary Way, and where do you now live?
Ans: I was living when I first Volunteered in Edgefield District South Carolina, & became a soldier the last time in Mecklenburg County North Carolina – I afterwards lived in Edgefield until 1801. When I moved to Christian County in the State of Kentucky where I resided four years & then moved to Pike County in the State of Mississippi, Where I lived about seven years from thence to Clarke County in this State where I lived one year & then moved to this county Marengo where I now live
Ques. 4. How were you called into service; were you drafted, did you Volunteer, or Were you a substitute & if a substitute for Whom?
Ans: – I volunteered.
Ques: 5. State the Names of some of the regular officers Who were with the troops where you served, such

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Continental and Malitia Regiments as you can recollect, and the general circumstances of your services?
Ans:  I know of none except those that I have already stated. I served under Genl. Williamson three times in the State of South Carolina- also under Gen. Sumter at the Battle of Hanging Rock, when I with others was detached from the army of Genl. Davidson under whom I served until he was killed at the Battle of Tools Ford on the Catawba River. I afterwards fought at the battle at Guilford Court House under Genl. Greene. The only Regiments of which I have any reccollection are those which I served as already stated. We were generally called out for three months, & I served nine months in South Carolina, in my last service when I volunteered at Mecklenburg North Carolina I served more than two years. The exigency of the case required this service during all this time I was in no Civil employment but engaged as a volunteer in Continental active service
Ques: 6. Did you ever receive a discharge from the service and if so by whom was it given and what has become of it?
Ans. I never received a discharge that I reccollect of. Our companies were disbanded when the time of service for which they were required was at an end without any discharge being given
Ques: 7. State the names of persons to whom you are Known in your present neighbourhood and who can testify as to your character for veracity and their belief of your services as a soldier of the Revolution
Ans: John Rains Esq. Thomas Anderson Henry Chiles, Thomas Ringgold Esqr.
Sworn and subscribed on the day and year aforesaid
John Buckaloe
Sworn and subscribed in open court the 9th day of October 1834
attest Thomas Ringgold Clerk

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We Hugh McPhail a Clergyman aiding in the state and County aforesaid and Thomas Anderson and Henry Chiles residing in the same hereby certify that we are well acquainted with John Buckaloe who has subscribed and sworn to the above declaration and we believe him to be seventy seven years of age he is reputed and believed in the neighbourhood where he resides to have been a soldier of the Revolution and that we concur in that opinion
Sworn and subscribed in open Court this 9th day of October 1834, aforesaid
H McPhaill
Thomas Anderson
Henry Chiles
attest Thomas Ringgold Clerk

And the said Court do hereby certify and declare their opinion after the investigation of the matter, and after putting the Interogatories 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 Hugh McPhail who has signed the above certificate is a Clergyman resident in the County of Marengo and that Thomas Anderson and Henry Chiles who have also signed the same are resident in the County of Marengo and are credible persons, and that the statements are entitled to credit. I Thomas Ringgold Clerk of the Circuit Court of the State of Alabama for the County of Marengo, and State of Alabama, do hereby certify, that the foregoing contains the original proceedings in the matter of the application of John Buckaloe for a pension. In testimony whereof I have hereunto set my hand and private seal, having no seal of Office, at Office this ninth day of October in the year of our Lord one thousand eight hundred and thirty four and the 59th year of the Independence of the United States
Thomas Ringgold Clerk

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27.849. 1391
John Buchalew
Alabama

suspended

[faint writing] To be returned to [illegible Ringg Co?]

Hon J. Murphy HR

[start strikethrough]
Jho Rains
[illegible - end strikethrough]


Marengo County
Alabama

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WAR DEPARTMENT,
Pension Office,
Decr 27th, 1833
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 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. Those 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 compling with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of John Buckalew [Buckaloe]
Period when the service was rendered.
Duration of the claimant's service.  Years. Months. Days.
Rank of the claimant.
Names and rank of the Field officers under whom he served.
Age at present, and place of abode when he entered the service.
Proof by which the declaration is supported.
[1] 3 [mos.] priv Cap. Purvis Gen. Williamson
[2] 3 [mos] Cap. Williams Col. Purvis
[3] 3 about [mos] Cap Linkfield
[4] 2 about [years] Sargent } Cap. Ray
77 years Edgefield Dist So. Car
Traditionary
I am, respectfully,
Your obedient servant,
JAMES 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 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 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, 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 Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, mucicians 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 day of 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 (e) regiment of the line, under the following named 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 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. 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 named applicant was a revolutionary soldier, and served as he states.
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
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 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 and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that 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 that opinion.
Sworn and subscribed the days 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 preceding 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 of do hereby certify 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, 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 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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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 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 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 examination, 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 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 sufficient 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, 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 such 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 of 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 a 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 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 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.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other 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 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 witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under the seal of office.
(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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REJECTED
1391
P.O.
John Buckalew
Service:
Enlisted:
Discharged:
Application filed:
Alleges: 
List of suspended claims printed in 1852, shows cause of suspension as follows: "for further proof of service."
Re-enlisted:
Attorney:
P.O.
Recognized. Contract.
Cert. of Dis. Searched for

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Suspended
See letter to Hon. John Murphy
9. Feb. 1835

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James L. Edwards Esq
Commissioner of Pensions

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Washington July 2nd. 1835.
James L. Edwards Esq
Commissioner of Pensions
Dear Sir, I have recd. the application of John Buckaloe for a Pension which I hasten to enclose you. He states his term of service to have been two years and nine months, altho he thinks he actually served a quarter length of time. He claims however only for the period above mentioned. I am informed by Mr Rains that the Clerk has no official seal, which I know to be a very common case in Alabama. I am acquainted with the signature of the Clerk, Mr. Ringgold, know that he has been Clerk of Marengo County for some time, believe that the signature to the papers is his signature, and that he would not sign his name as Clerk if he did not still continue to fill that office. I entertain not the least doubt of his being Clerk.
I am very respectfully
yr. obt sert
John Murphy

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War Dept Pen. Office
Feb 19. 1835
Sir
The amended declaration of John Buckaloe has been again examined & filed with suspended case in this office. Before a decision can be had, he should give a more specific statement of his service as a militia man for which he claims as a Sergent for a period of two years. He alleges to have began that service about four months before the attack of the British at Hanging rock in South Carolina, and that he quit the service soon after the battle of Guilford. The attach on the first named place did not occur until August 1780. From this time until the battle of Guilford which took place in March 1781, would make a period of only nine months. The militia were not in actual service for that length of time during that period

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and it is only for the tours of actual service that an allowance can be made unless it can be more clearly shown that the applicant was in continuous service for as long a term as three months under one engagement his claim for that length of time, during the three first tours set forth cannot be allowed. It was very unusual for this militia to be in service for that length of time previous to the surrender of Charleston in 1780. No allowance can be made for service as a Sergent, in which capacity the applicant obliges he served a part of the time, without direct proof of being exhibited of his have so served. The declaration formerly exhibited should be again sent to this office.

Hon. John Murphy
N. R

9 Feb 1835
OC.

Record Vol.26.p.360

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John Buckaloe
Alabama