Revolutionary War Pension and Bounty Land Warrant Application File S. 9,401, for John Mayhew, Virginia

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(3-1776)

SERVICE
Va.

Mayhew, John

NUMBER
S.9401

carded

CONTENTS

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(16076) 16076
North Carolina
John Mayhew of Iredell in the State of North Car who was a prt: in the company commanded by Captain Speer of the Regt commanded by Col. Coleman in the Virginia line for 7 mos

Inscribed on the Roll of North Carolina at the rate of 23 Dollars 33 Cents per annum to commence on the 4th day of March, 1831.

Certificate of Pension issued the 28th day of June '33 and sent to T Falls Statesville N.C.

Arrears to the 4th of March '33 | 46.66
Semi-anl allowance ending 4 Dept '33 | 11.66 1/2
[total] $58.32 1/2

Revolutionary Claim, Act June 7, 1832.

Recorded by Wm Miller Clerk, 
Book E, Vol. 5, Page 49

Sat 17 April 1837 Pen Agent

Dead
Paid at the Treasury under the Act of the 6 April 1838 from 4th Sep 1837 to 25d April 1838. Agent Notified 23d Sep 1841

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North Carolina
Iredell County

On this 22 day of August 1832 personally appeared in open Court being a Court of record, John Mayhew of the County of Iredell and State aforesaid, aged about seventy five years in February last, who being first sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of the Act of Congress passed the 7th of June 1832, that he the said John Mayhew entered the service of the United States as volunteer militia soldier for three months in Loudon County Virginia in the year of the battle of Germantown, in the company commanded by Capt Shur and in the Regiment commanded by Colonel James Coleman; that they marched from Loudon County by Hagerstown in the State of Maryland, Lancaster in the State of Pennsylvania where they remained about two weeks to have their arms repaired; from thence they went on towards Germantown, but did not arrive at Germantown till after the battle and the British being in possession of that place, prevented the Regiment in

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in which he was from approaching never to it than four or five miles as such as he now recollects; that they remained in the vicinity of Germantown but the expiration of his term of service, when he was discharged, but did not obtain a written discharge; that he distinctly remembers the fact of Gen'l Washington's having command of the Troops at this time and place which he thinks was called Valley Forge; that he has not now in his possession any documentary proof of his first term of service; that living now in North Carolina four hundred miles from the place of his former residence, it is not in his power to provide the testimony of persons knowing the fact that he did serve in the revolutionary war except the testimony of his Brother Aaron Mayhew whose deposition will be obtained and annexed to his declaration The Rev'd Jacob Hill a Clergyman of the Methodist Church, and residing near to me on the opposite side of the River in Lincoln County; and Mr David McCrary who is my neighbor residing in Iredell County will it is believed be able to certify in the manner required by the rules of the Department, and their certificates will, if obtained be also annexed to this declaration. These gentlemen [illegible] living fifteen or twenty miles from the Court House, and it being inconvenient now to produce them as witnesses is the reason their testimony is not affixed at this time

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And the said John Mayhew further declares that he again entered the service of the United Sates as a drafted militia soldier for the period of three months, but being otherwise occupied in business he hired a substitute, in the year as well as he now recollects, immediately following that in which he first served, or perhaps it might have been the second year afterwards, his memory not enabling him at this time to speak positively 

And the said John Mayhew further declares that he again entered the service of the United States as drafted militia soldier for the purpose of guarding the Hessians who had been captured he thinks at the battle of Trenton; what he was under the command of Captain Shur or Captain Lewis of the County of Loudon, but he cannot now say which of them was in service at this time; that the call was not for any particular period; that he remained in service for the purpose aforesaid as long as was deemed necessary.

And the said John Mayhew further declares that he again entered the service of the United States for the period of three months as a drafted militia soldier in the County of Loudon and State of Virginia in the company commanded by Capt

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Lewis and in the Regiment commanded by Colonel Clapum in the year when Cornwallis was taken at York Town in Virginia; that they marched from Loudon County by Fredricksburgh on to York Town; That the Regiment in which he served was ordered to the opposite side of York River, to prevent the enemy from passing out that direction; that he remained in this situation till the enemy was captured; and after that went the Regiment was around up the county to guard the provisions; that he does not now recollect whether his term of three months had expired or when in he was discharged, but he remained in service as long as was deemed necessary, and on leaving the service did not obtain a written discharge. as to his term of service the said John Mayhew has other testimony to offer that that above referred to

And the said John Mayhew hereby relinquishes any claim whatever to a pension or annuity except the present, and declares that his name is not on the

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pension roll of the agency of any State
Sworn to and subscribed the day and year aforesaid
A Simonton Clk
John Mayhew [sideways 8] his mark

And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatory prescribed by the war Department that the above named Applicant John Mayhew was a revolutionary soldier and served as he states. And the Court further certifies that it appears to them that Aaron Mayhew referred to in the preceding declaration is a credible person That the Revd Rev James [illegible] of Lincoln County and David McCrary of Iredell County also referred to in the preceding declaration are likewise credible persons and that any statements they may make on the subject of this application will be entitled to credit
[illegible] W Gray Clk

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State of N Carolina
Iredell County

Before me Alexander Forsence one of the Justices of the peace for the county aforesaid personally appears Aaron Mayhew on the 1st day of September 1832 after being sworn in solemn form of law sayeth to the best of his recollection his brother John Mayhew served in the Revolutionary war three tours if not more each tour three months I believe.

Aaron Mayhew
His X Mark

Sworn to and subscribed before me.

A Forsence

Iredell County

Also personally appeared David McCreary on the said 1st day of September 1832 after being sworn in solemn form of law sayeth he has been acquainted with John Mayhew upwards of thirty years and believes him to be a just upright man and a good citizen.

David McCrery 

A Forsence

Sept 1st 1832

The undersigned hereby certifies that from a long acquaintance with Mr. John Mayhew that such is his character and separation that in my view he is justly entitled to full credit whether in [illegible] or religious society.

Signed James McKee - C I C

A Forsence

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John Mayhew
N C
No 9533

Rev

Admitted as Private
7 months $23.33

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War Department
Pension Office
Apr 25, 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 show what is necessary to be done. These 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 Mayhew

Period when the service was rendered:
1. 1777 Vol
2. Drafted
3. Drafted

Duration of the claimant's services in Years, Months and Days:
1. 3 Months
2. 2 Month
3. 3 Months
Total 7 months

Rank of the Claimant:
1. Pri
2. Pri
3. Pri

Name and rank of the Company officers under whom he served:
1. Capt. Speer
2. Capt. Lewis
3. Capt. Lewis

Names and Rank of the General and Field Officers
1. Col Ian Coleman
2. Gen Washington
3. Col C. Capum

Battles in which the applicant was engaged -
BLANK

Country through which he marched.
From Loudon Co Va by Hagerstown, MD into PA

Place of abode when he entered the service and age at the present time.
About 75years - Loudon Co Va

Evidence by which the declaration is supported:
Traditionary & Witness

I am respectfully
Your obedient Servant

J.L. Edwards,
Commissioner of Pensions

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-2-
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, 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 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. 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 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 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 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 it 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 alleged service, as they are known at the Department. A very full account of the services of each person

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3 
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 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 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 bis 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 mouths and days, I served as a and for such service I claim a pension." {It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of 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 au embodied corps called into service by competent authority that lie 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 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 his seal of office. The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only. [k] This traditionary evidence is indispensable in militia cases. [l] If a witness cannot be found, the declarant must state the fact. [m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

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July 8, 1931

Rev & 1812 Wars Section
EEL

Mrs. Thomas Millwee
908 North College Street
Charlotte, North Carolina

Dear Madam

You are advised that it appears from the papers in the Revolutionary War pension Claim S.9401 that John Mayhew was born February 13, 1756, in Prince Georges County Maryland.

While residing in Loudon County, Virginia, he enlisted in the "year of the battle of Germantown", served as a private in Captain Speer's Company, Colonel James Coleman's Virginia Regiment and was at Velley Forge, length of service three months.

He again enlisted, date not given, served three months as a private in Captain Speer's or Captain Lewis' Virginia Company.

He enlisted "in the year that Cornwallis was taken" and served three months in Captain Lewis' Company, Colonel Clapham's Virginia regiment.

He was allowed pension on his application executed august 23, 1832 at which time he was residing in Iredell County, North Carolina, where he had lived for thirty years.

He died April 2, 1836, leaving a widow, whose name is not given and there is no reference to children.

Very truly yours

A.D. Hiller
Assistant to Administrator.

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Treasury Department
Second Comptroller's Office
September 13th 1841

Sir

Under the act of the 6th of April 1838 entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States" the widow of John Mayhew a pensioner on the roll of the North Carolina Agency at the rate of Twenty-three dollars and 33 cents per annum under the law of the 7th June 1832 has been paid at this Department from the 4th of Sept 1837 to the 2nd April 1838.

Respectfully yours

Albion K Parris
Comptroller

To the Commissioner of Pensions

Present

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Charlotte, N.C.
May 21, 1931

Commissioner of Pensions
Washington, D.C.

Dear Sir

Can you give me the revolutionary war record of my ancestor John Mayhew born Feb 17, 1757, died April 2, 1838, in Iredell or Rowan County N.C.? he is buried in Iredell. Is he the private John Mayhew that received a pension? (N.C. Records)

Also record of John Millwee, Mulwee or Mulivee think your records give it Mulivee as private from Mecklenburg County N.C.

Thanking you in advance 

I am yours very truly

Mrs. Thomas Millwee
908 North College St
Charlotte, N.C.

US Pension Office Stamp - May 23, 1931

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Left Side Page

1931 July 8 - Hist to Mrs. Thos Millwee

Right Side Page

9401
Rev War
INVALID

File No 9401
John Mayhew
Priv Rev War

Act: June 7th 1832
Index Vol 1 Page 237
{Arrangement of 1870.]

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7533
John Mayhew
Application 
for 
Pension

John Mayhew

Page 18

I Absalom Simonton Clerk of the court of Pleas and Quarter sessions of Iredell County N. Carolina do hereby certify that John Mayhew's declaration and the certificate of John H Gray chairman of the court were duly made and signed and the declaration sworn to in open court and I further certify that Alexander Torrence Esquire is a justice of the peace in and for said county and that his signature to the foregoing affidavits is genuine. In testimony whereof I have hereunto set my hand & affixed the seal of my office at Statesville the 7th day of September 1832.

A Simonton - Clerk