Revolutionary War Pension and Bounty Land Warrant Application File S. 4195, for Daniel Mc Coy, Virginia

SERVICE
NUMBER
Va.
Mcboy, Daniel
S 4195
boarded
CONTENTS

1549 West Tennessee
Daniel McCoy
of Franklin Co in the State of W. Tenn who was a private in the company commanded by Captain Goodman of the Ky Vols commanded by Col Burgess in the H & T line for 7 months
Inscribed on the Roll of Keith Tennessean at the rate of 23 Dollars 33 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 26 day of April 1835 and Senora Gawan Rachel Winchester
Arrears to the 14th of March 46.66 Semi-ann. allowance ending Sept 11.66 $58.32
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Daniel Boyd Clerk, Book 6 Vol. 7 Page 88

8.704
Daniel M'Goy
From kin 6 th for
West
from 1779 prints 7 mths.
$23.32 607
Go Down Surged va
Edward Lloyd Winchester

BRIEF in the case of  Laniel W m Coy  County of Franklin in the State of Tennessee  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? On Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 82 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days. As a Gen.     In 1779 - 2 Private Capt Goodman Col Burgess   1780 - 3 " Capt Fox Col Buchanan   1781 - 3 " Capt Miller Col Linn  
 5. In what battles was he engaged? Surrender of Cornwallis  6. Where did he reside when he entered the service? Albemarle Co Virginia  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Testimony  8. Are the papers defective as to form or authentication? and if so, in what respect? Papers not attached or required 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Richard Atts Examining Clerk.

David McLeays 8704 Dechn

Declaration in order to obtain the benefit of the act of congress passed June 7 th 1832 State of Tennessee
Franklin County ss On this 6 th day of Sept 1832 personally appeared in open court before the Justices of the Court of Pleas & Quarter Sessions of sd county (being a court of record) now sitting Daniel W. Bay a resident of the town of Winchester in the county of Franklin & state of Tennessee, aged eighty two years in the month of July last who being first duly sworn according to law doth all his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832.
That he entered the service of the United States under the following named officers & served as herein stated. In the year 1779 this applicant served under or in the company of Captain Charles Goodman in a regi- ment commanded by Col Burgess, guarding the British prisoners in Albemarle county for about two months Virginia. In the fall of the year 1780 this applicant again entered the service & served a tour of three months principally at Petersburgh, Cabin point & Richmond V-a in the company commanded by Capt

For the regiment commanded by Col Richardson. In the months of August year 1781 this applicant again entered the service of the United States & served a three months tour of duty under Captain John Miller in the regi- ment commanded by Col Reuben Bridgman — That while performing this last tour of duty he was at the taking of Cornwallis at York Town. This applicant does not recollect of receiving any discharge at the expiration of his services in the years 1779 & 1781. He believes he did get a discharge for at the expiration of his service in 1780 which he destroyed about 18 or 19 years ago with other papers that he supposed would be of no use to him. This applicant has no documentary evidence, & that he knows of no person whose testimony he can procure who can testify to his service He hereby relinquishes every claim whatever to a pension or annuity except the present I declare that his name is not on the pension the agency of roll of any state
Daniel his McCay mark
Sworn to & subscribed before me this in open court this 8 th Sept 1832.
E. Ruffell clerk
J. W. P. Wagnon D. C.

Whereupon the court propounded to sd Daniel O'Leary the following questions
1. Where & in what year were you born?
He answers He was born in the shire of Lutherland in the northern part of Scotland about July 1750 as he believes
2. Have you any records of your age & if so where is it?
He answers - He has no records of his age nor does he know any ever existed
3. Where were you living when called into service, where have you lived since the revolutionary war & where do you now live?
He answers - He lived in Albemarle County Virginia during the revolution & was living there at each time when called into service as above stated - Some time after the revolution he moved to Amherst County V. & lived there till he moved to Franklin County Tennessee, which was about 19 years ago where he has lived ever since.
4. How were you called into service were you drafted, did you volunteer, or were you a substitute?
He answers - He was allotted to & placed in the 3d class of the militia in Albemarle county & went whenever his turn came. He is advised this would be considered a draft

tho he went voluntarily each time & served out his tours.
5 th State the names of some of the regular officers with whom you served who were with the troops when you served such continental & militia regiments as you can recollect & the general circumstances of your service?
He answers - He does not recollect the names of any regular officers that he was with when performing his 1 st & 2 d tours of duty as above stated - & as to other matters contained in the question he refers to his previous declaration 6 Did you ever receive a discharge from the service & if so by whom was it given & what has become of it?
He answers - That his discharge that was given him in 1780 was signed by Capt Miller & for further answer refers to his previous declaration
7 State the names of the persons to whom you are known in your present neighborhood & who can testify as to your character for veracity & their belief of your services as a revolutionary soldier?
He answers that John Fairs whose statement is hereto annexed has known him for upwards of forty years
his Daniel H. McCray mark

John Fairs a citizen of Franklin county Tennessee hereby certify that I am well acquainted with Daniel McCay who has subscribed & sworn to the foregoing declaration & I believe him to be right two years of age that I knew the sd McCay upwards of thirty  forty years ago in Virginia that he was then & is yet reputed to be a revolutionary soldier & I concur in that I also believe him to be a man of truth opinion. John Fairs sworn to and subscribed his mark in open court 7th Sept 1832
E Rufe clerk J W B Wagners D.C.
Udo Robert Morgan clergyman & John Dougherty both citizens of Franklin county certify that we are well acquainted with Daniel McCay & believe him to be a man of truth & that the foregoing declaration is correct.
Robt Morgan John Dougherty
sworn to & subscribed in open court Sept the 7th 1832
E Rufe clerk J W B Wagners D.C.
And the said court hereby declare their opinion after the investigation of the matter.

I after putting the interrogatories prescribed by the War department that the above named applicant was a revolutionary soldier I served as to states. And the court further certifies that it appears to them that Robert Sargan who has signed the preceding certificate is a clergyman residing in the county of Franklin & is a credible person & that John Gais & John Sarganty who have also the preceding certificates are residents of sd county & credible persons & that their statements are entitled to credit.
I Edmund Russell Clerk of the Court of pleas & quarter Sessions of Franklin County in the State of Tennessee do hereby certify that the foregoing contains the Original proceedings of the sd Court in the matter of the application of Daniel McCoy for a pension. In Testimony whereof I have hereunto set my hand & seal of office this 7 th day of September 1832
E Ruplett clerk of Franklin County Court J W B Wagners D. C.

Rev. Mar.
4195.
INVALID.
own
File No. 4195-
Daniel McCoy Pat. Wa. Line
Act: June 7, 1832.
Index:—Vol. A , Page 244
[Arrangement of 1870.]

Daniel W. H. G. y Daniel W. G. y

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of James W. Coy  Franklin G. Temple which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned 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? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? yes XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? yes XIV. †If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? yes Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? XVI. ‡Are the papers authenticated as the regulations direct? yes XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
 EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state 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.
†QUERE XIV. Proof of Service.
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 claimants 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.
‡QUERE XVI. 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 paper 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.
¶ In every case where the clerk of the court, or other certifying officer, 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.