Revolutionary War Pension and Bounty Land Warrant Application File S. 38188, for James Mc Ilheny, Virginia

SERVICE
NUMBER
Va.
McHenry James McHenry or McHenry
S. 38188
CONTENTS

Alabama 17.1997
James McIlhany,
of Huntsville in the state of Alabama who was a private in the regiment commanded by Colonel Grayson of the Virginia line, for the term of 3 yrs
inscribed on the Roll of Alabama at the rate of 8 Dollars per month, to commence on the 8 th of Oct r 1818.
Certificate of Pension issued the 23 rd of May 1820, and sent to L. Ray Pope Esq. (Huntsville, Ala.)
Arrears to 4th of Mar. 1820. 135.22 semi-ann. all ce ending Sept " " 48.
16 mo 28/31      Ds. 183.22
{ Revolutionary claim, } { Act 18th March, 1818. }

Ja. M. Lehany
31242

Huntsville, Ala. 6 Feby. 1861.
Dear Geo. S. Whitney, Comt. of Pension, Washington City, Dear Sir:
At the request of Mrs. M c Lehany, a son of James M c Lehany, who was a soldier in the Revolutionary War, I write to make some inquiry as to his father's pension, or whether a pension certificate was ever allowed or issued to him.
M c Lehany says his father died about the year 1820 in proximity to Huntsville, and he thinks the certificate was at the time of his death, on the pension roll but that he had not drawn his pension - Col. DeRay Pope was Pension Agent at the time of James M c Lehany's death - Col. Pope ceased to act as agent in 1823 or thereabouts, and said as M c Lehany thinks that the pension was allowed but could not be paid because of the Pensioner's death, and I suppose this induces him to believe that his father's name was on the Pension Roll when he died. Now will you be pleased to inform me whether James M c Lehany's name was on the Pension Roll & if so when his pension commenced and at what? and much oblige the said M c Lehany and the undersigned
Yours respectfully &c R. S. Moore

Oct 8 th 1818. Ret d by auth y
James McHenry Annapolis Md.
Served in 12 th Virg a Reg t , Cont d Inf y Under Col. Gresham from the 3 rd Year of the Revol n War to 1781. being 3 years
Returned as it does not appear that a col l  Gresham commanded any regiment in the Virginia line, on the continental establish- ment. at least
24 May 1819
Declaration corrected - served in Col. Grayson's reg t his found on rolls - page 216 - for £ 56. 7. 6.
216 - for £ 56. 7. 6.

I James McIlheny of Huntsville in the Alabama territory depose th , That I served as a private in the 12 th  of the Continental Virginia Regiment, under Col l Gresham, Capt ns Lapsley and Lieut s Brackenridge from the month of March in the third year of the Revolutionary War until the regiment was broken up and joined to the 16 th . I afterwards served in the 16 th of Virginia on the continental establishment being three years in the whole — When the British Army went off to the southward, myself and some others whose time of service was nearly at an end was left behind, I was shortly after sent under a Capt n Philips, from Philadelphia to Little York escorting prisoners to that place, and after I arrived there I received my discharge from him about the 1 st of March in the 6 th year of the War, as well as I can recollect it was March 1781. I was at the battle of Monmouth, at the taking of Stony Point and Powles Hook, at the latter place I was under the command of Col l Nath l Grest and have been in several other skirmishes at different places —
I am at present unable to support myself either by manual labour, yearly income or any property whatsoever, I am now in the sixty fifth

year of my age, and enfeebled in body, mind, and memory, I make this my application for the benefits of the Act of Congress giving relief to persons in my situation, and I solemnly swear, that the foregoing statement is true,
Witness my hand Huntsville October 9 th 1818
In addition to the above I received an honorable discharge which I sent to Richmond by my brother to obtain a land warrant, where I believe it remains in the proper office
Sworn to & subscribed in open Court 8 th Oct r 1818. Francis E. Harris Atty. D.C. James M c Ilhaney mark
Said James M c Ilhaney further made - the the That there is no other evidence that he knows of, to be produced in this Territory, nor any other evidence now in his power to prove the facts aforesaid
James M c Ilhaney mark Sworn to & subscribed in open Court 8 th Oct r 1818. Francis E. Harris Atty. D.C.

Alabama Territory of the United States Madison County 3 rd
I Obadiah Jones one of the Judges of the Superior courts of said Territory, certify that at a Superior court continued and held for Madison county in said Territory on the eighth day of October, in the year one thousand eight hun- dred and eighteen the within named James McEl- hany came before me then and there presiding as Judge of said court and made and subscribed the foregoing declaration and was duly sworn thereto that it was then and there made to appear to my satisfaction that said James McElhany served as in said declaration stated in the revolution- ary War against the common Enemy that he is a resident citizen of said county and Territory and that by reason of his reduced circumstances in life he is in need of assistance from his coun- try for support, and I now transmit the Testimony and proceedings had in this case to the Secretary of the department of War
Obadiah Jones
Alabama Territory of the United States Madison County
I Francis E Harris clerk of the Superior court of said county certify that Obadiah Jones Esquire who has subscribed the foregoing certificate is Judge of said court. etc
In Testimony whereof I hereto subscribe my name and there being

no seal of said court the clerk of the county here present affirm the seal of said county court in lieu of my private seal at Huntsville this 3rd day of November in the year of our Lord 1818
Francis P. Harris 6th
Oct 8 th 1818. Ret d by auth y James M c Elhany Huntsville Alab a Served in 12 th Virg a Reg t , Cont d Inf y Under Col. Gresham from the 3 rd Year of the Rev d War to 1781 being 3 years Returned as it does not appear that a col d  Gresham commanded any regiment in the Virginia line, on the continental establish-  ment of the Rev d War
24 May 1819
Declaration corrected - served in Col Grayson's reg t his found on rolls - page 216 - for £ 56. 7. 6. App d 50. 7
James M c Elhany makes oath that not being able to recide or write under to him the spelling of the Colonels name who commanded the 12 th Virginia Regiment is the same of the Colonels name being incorrect that Colonel William Grayson was the Gresham who commanded the Regiment 4 th October 1819 James M c Elhany makes

38 188 INVALID.
Oct. 27 1900 Ais L. E. Bryant, the Danville Ky
File No. 38 / 188
1908 May 15 Ltr to Hon. John G. Schickman for Mrs. Howard G. Jones (see ltr. in clu. of Robert Allen S. 3766) [mmx 5. B 2]
James M c Alhens Rev Rev and
Act: 18 th March 18 th
Index:—Vol. 2 , Page 265
[Arrangement of 1870.]

B. G. Moore Mch. 5

Pension Office, March 5 th 1861. }
Sir:
The name of James McLehany does, not appear upon the Pension Roll of Alabama, & it is impracticable to inform you upon what Roll it may be found without the name of the State from which he made his application. But as you have written in behalf of his son, it is proper to state that the children or heirs of a Revolutionary soldier or pensioner, are not entitled to a pension.
B. T. Moore, Esq. Huntsville - Ala. }

Thursville Decem. ber 9 1819
The Secretary of the Department of War is respectfully informed, That by a late Law of the State of Alabama a new system of courts is established and new appointments of judges are to be made - Communications relating to such applications as are herewith sent, can be made to the parties, thro' Col Le Roy Pope or Henry Minor both of Thrusville, much more readily, than thro' the late judges of the Superior court of this county -
Herewith are sent, The applications of James McIlhany and Maynard Colley and the additional evidence required in McIlhany's case - new case taken out.

State of Alabama, Superior Court of Madison County October Term 1879
This 6 th day of October 1879 Came James McIlhany before said Court & made oath, That he now  now  can  can not read or write. That in his application made before the Honble. Obadiah Jones Esquire on the 8 th day of October 1878. The name of the Colonel under whom he served was by mistake, stated as he has been informed & believes to be Gresham. This affiant says that he served as a private in the 12 th Virginia Reg- iment on the continental establishment under the command of Col Grayson (as well as he recollects, Col William Grayson) and in the 16 th Virginia Regiment on continental establishment as stated in his aforesaid application before Judge Jones, being in the whole three years on the continental Establish- ment.
Sworn to & subscribed in open court this 6 th day of October 1879
James his  X McIlhany mark
Francis Harris Clk. S.C.

James T. Robertson being duly sworn before said court deposes that he is well acquainted with said James McElhany & has for more than seven years last past known to him to reside in this county. & that he is well acquain- ted with the circumstances of said McElhany. - That he is old indigent & in firm & from his circumstances stands in need of assistance for support

State of Alabama, Superior court of Madison County Set
I Francis E Harris Clerk of said court certify that the foregoing affidavit of James McElhany was duly sworn to & subscribed in open court on the 6 th day of October 1879, and in testimony thereof I hereunto affix my private seal (there being no seal of said court, at said office the eight day of December 1879
Francis E Harris
I Beverley Hughes Presiding Judge of the Superior court aforesaid certify that the foregoing attestation of Francis E Harris Clerk of said court is in due form - Given under my hand at Huntsville the 15 th day of Dec r . 1879.
Beverley Hughes