Revolutionary War Pension and Bounty Land Warrant Application File W. 7417, for Andrew Mc Clary, North Carolina

SERVICE
NUMBER
McClary, Andrew Elizabeth
No. 7417.
CONTENTS

26519 East Tennessee
Andrew McClary of Claiborne in the State of Tennessee who was a private in the company commanded by Captain Hodge of the 1st Regt commanded by Col Lytle in the line for 1 year and 3 months
Inscribed on the Roll of East Tennessee at the rate of 50 Dollars — Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 5 day of March 1834 and January 1835 March 1836
Arrears to the 14th of March 1831 Semi-annual allowance ending Sept 25 50 $175.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by E. D. Doyel Clerk, Book Vol. 7 Page 83

Tennessee 3373 Elizabeth W. Clary widow of Andrew M. Clary deceased a pensioner, Act of June 1833 who died on the 23 November 1833 of Reiburn in the State of Tennessee who was a private in the Company commanded by Captain Hodge of the 2nd Regiment by Col. Lytle in the N. Carolina line for 15 months.
Inscribed on the Roll of Knoxville at the rate of 50 Dollars — Cents per annum, to commence on the 23 day of March, 1833.
Certificate of Pension issued the 25 day of June 1840, to Walter R. Evans, Esq. and sent Knoxville, Tennessee.
Arrears to the 4th of Mar 1840 $ 313.61 Semi-annual allowance ending 4 Sept '40 25.00
$338.61
{ Revolutionary Claim, Act July 4, 1836, Section the 3rd }
Recorded by L. M. Curdy, Clerk, Book C Vol. 1. Page 198.

Andrew M c Clary was Born 24 th March 1754 Elizabeth M c Clary wife of Andrew M c Clary was born October the 28 th day A.D. 1757. The following are the children of the above &c.
Franklin M c Clary was Born September 29 th 1780
Mary M c Clary was Born January 10 th 1783
Esther M c Clary was Born May 10 th 1785
Elizabeth M c Clary was Born March 7 th 1787
Anne M c Clary was Born April 21 st 1789
Thomas R M c Clary was Born April 22 nd 1791
Robert W M c Clary was Born July 15 th 1793
Jacob L M c Clary was Born February 22 nd 1796
{ And Disceased September the 13 th 1801
Lorinah M c Clary was Born May 9 th 1798
Harriett M c Clary was Born September 2 nd 1802
Andrew M c Clary was Born August 30 th 1804

Apocrypha.
Before Christ 170.
34 So every man praised toward the heaven the glorious Lord, saying, Blessed be he that hath kept his own place undefiled.
35 He hanged also Nicanors head upon the tower, an evident and manifest sign unto all of the help of the Lord.
36 And they ordained all with a common decree, in no case to let that day pass without solemnity, but to celebrate the thirteenth day of the twelfth month, which in the Syrian tongue is called Adar, the day before Mardocheus day.
C H A P. XV.
Apocrypha.
Before Christ 168.
37 Thus went it with Nicanor: and from that time forth the Hebrews had the city in their power. And here I will make an end.
38 And if I have done well, and as is fitting the story, it is that which I desired; but if slenderly and meanly, it is that which I could attain unto.
39 For as it is hurtful to drink wine or water alone, and as wine mingled with water is pleasant, and delighteth the taste; even so speech finely framed delighteth the ears of them that read the story. And here shall be an end.
The End of the APOCRYPHA.

4352
Elizabeth McClary of Andrew Simpson

State of Tennessee
Blount County
On this fourth day of February A.D. 1839 personally appeared before County Court of said County in said State, Elizabeth McElary, a resident of Blount County in the State of Tennessee aged upwards of eighty one years, who being first duly sworn according to Law, doth on her oath, make the following declaration in order to obtained the benefit of the provisions made by the act of Congress passed July 4 th 1836: That she is the widow of Andrew McElary who was a Soldier of the Revolution. She does not know precisely what rank he held in the service, whether  whether he was a Captain , nor is she able to state the time when he entered the service, nor does she know the details of his service sufficiently for her to state them - but she refers to the declaration of the said Andrew McElary filed in the Pension Office of the United States for proof relative to these matters - She further states that the further states that the said Andrew McElary was a pensioner of the United States, on the Pension roll of the Agency of East Tennessee at Knoxville; that she has not got the Certificate of said Pension in her possession, it having, as she is informed and believes, been deposited with the Pension Agent at Knoxville, where the arrears of Pension were drawn after the death of the said Andrew McElary. That she was married on the seventh day of November in the year A.D. 1777, to the said Andrew McElary - That she was born on the 28 th day of October 1757 - She states that her husband Andrew McElary died in the year 1833, in the month of November of said year, as well as she can recollect. She states that she was married in Orange County North Carolina by John Ray, Esq. a Justice of the Peace. That she resided in North Carolina for some years, and her husband & herself then removed

into Claiborne County in the State of Tennessee where she has ever since resided. And that she has remained a widow ever since the death of her said husband Andrew McElary. That she knows of no person now living, who was present at her marriage by whom she can prove her marriage - Nor at this great length of time does she expect to be able to procure a copy of the record of her marriage, if indeed it could ever have been done since the War. She states that her only mode of proving her marriage is by the ages of her children as they have been preserved in the family record, and which are as follows, the numbers here being written in words, and in the record in figures - to wit:
Franklin McElary was born September twenty ninth seventeen hundred & eighty -
Mary McElary was born January tenth seventeen hundred and eighty three.
Esther McElary was born May tenth seventeen hundred and eighty five. These are the births of her three first children.
She states that this is the original family record preserved and kept for that purpose.
Sworn to and subscribed in open court February 6 th 1839. Elizabeth McElary mark
I William Reid Clerk of the Court of the County of Claiborne County in the State of Tennessee do hereby certify that the foregoing Declaration was sworn to in open court and ordered to be entered. Given under my hand and public seal of office, at Knoxville, this 6 th day of February A.D. 1839. William Reid Clerk

State of Tennessee
At a court held for the County of Claiborne in said State, on the fourth day of February A.D. 1839 satisfactory evidence was produced to prove that Elizabeth McLary is the widow of Andrew McLary, who was a pensioner of the United States, and that she has remained a widow ever since his death - and that the family record produced by her in open court is the original record of the family births, of her family. And the court also certify their belief, in the truth and credibility of the said Elizabeth McLary - and that the said Andrew McLary was a pensioner of the United States, for services rendered in the Revolutionary war. And the said court also certify that the part of her family record set out in her declaration is correctly copied from the the family record produced, except being written in words at length and is the original in language.
State of Tennessee Claiborne County -
I, William Neil Clerk of the County Court of said County do certify that the foregoing proceedings of the court in the matter of the claim of Elizabeth McLary, is a true copy of the record in my Office - Given under my hand and public seal of Office, at Office in Sagwell the 4 th day of February 1839
William Neil Clerk

5.99 00
Andre McClary Tempe, Ariz.
Jan 1978 p-15-16 #50.
Hon. S. Bunch N.R.

WAR DEPARTMENT,
Pension Office,
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 complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of Andrew M c Clary
   Period when the service was rendered. Duration of the claimant's service. 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.   Years. Months. Days.     1778 9 P. Col Hodge Col Lytle Col M c Clary Traditionary & documentary.   sub 1779 not stated P.   sub 1880. not stated P.  
The applicant alleges to have performed 9 months service in the Pa. Key Stone Battery, and two tours as a substitute. His name is not found on the Rolls of said line. Cannot therefore be allowed for said service without proof. Six months only can be allowed for his service as a substitute, said two tours having been as a substitute, and that description of service being generally performed in tours of three months duration. The applicant relinquishes his service as an officer in his amended declaration.
JAMES L. EDWARDS, Commissioner of Pensions.

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 } 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.
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 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

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 traditional 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 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 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 his seal of office.
[k] The notes from [a] to [i] 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.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

State of Tennessee } Be it remembered that this Clairborne County } being) the 25 th day of April 1833 personally appeared before me William Fugate one of the acting Justices of the peace of the Court of pleas and quarter Sessions held for said County the same being) a Court of Record, Andrew McClanahan aged 78 years who being) first sworn according to Law doth on his oath make the following) Dec- laration in order to obtain the benefit of the Act of Congress passed June the 7 th 1832.
This applicant begs leave to represent to the department that he is now afflicted, and has been so afflicted for upwards of two years and a half that he has been entirely confined to his bed, and that he has not been able to walk across the house during that time without assistance, he states that he resides about Ten miles from the Court-house in said County, and that it would be out of his power to attend Court without greatly injuring his health or taking his life for he is so weak and infirm that he can- not set up in his bed but a few minutes at a time - he further states that he entered the Service of the United States under the following named Officers, and served as herein stated - That he resided in the State of North Carolina in the County of Orange and that the present applicant was elected Cornet in the light horse Company which was organized at Hillsborough commanded by Captain John McClanahan, and Lieutenant Elliott. We then Marched to Camden in the State of South Caro- lina at which place Capt. John McClanahan was appointed to command the Corps of Horse from the District of Hillsborough, and by an Order from Col. Thomas Wooton Lieut Elliott was appointed to the command as Captain, and the present applicant was appointed Lieutenant and Thomas Heats Cornet, which said Order was issued on the 19 th of August 1781 and is herewith respectfully submitted to the department and prays that it may be taken as evidence

of his Services. Applicant states that he was induced to take more care of this Document in consideration of the important Testimony which has since been taken on the other side of the paper, and this applicant begs leave further to represent to the department that before the Army left Camden and after he had been promoted to the office of Lieutenant that he received another Order from the commanding Officer Dated Camden August 27 th 1781 which said Order commanded this applicant to improvise horses Saddles and Bridles for the use of three British Officers whom we had made prisoners (to wit) Capt. Campbell Lieut. McGregor and Ens. Robinson, and to proceed with them as far as the Warehams, which I did accordingly and there billeted them in obedience to order, among the inhabitants, and before this applicant returned General Green had fought the long expected Battle at the Eutaw Springs and which said above last mentioned Order is here with respectfully submitted to the department, and which he prays may be regarded as evidence of his services in the cause of his suffering Country. This applicant states that he has taken much pains to preserve this document in consideration of the agreement which is written on the back of said document. This applicant begs leave to represent farther to the department that a short time before the Battle at Guilford while the British were marching through Orange County in the State of North Carolina himself and a certain John Green as light horse men after night went to the house of a Tory near the camp of the British, and there surprized and made prisoner of a Tory Captain, and delivered him to Col Edward Green who then commanded the Guard at Haw River-ford, and a short time afterwards this applicant was furlowed home to attend to his family who were much afflicted with the Small pox and before this applicant could leave his family in safety and join the Army the Battle of Guilford was fought, this applicant

states that it was early in the spring of 1781 that he was promoted to the Office of Cornet in the Corps of the light horse and that he was never again during the War reduced to the Rank as a private. This applicant states that he received his commission which he kept for some time but that he has lost or mislaid it so that he cannot produce it. and he also states that from his great bodily infirmity that he cannot give as correct a statement of all his services as he would desire. This applicant begs leave further to represent that some time in the spring of the year 1778 he resided in the County of Mecklenburg in the State of North Carolina and that he there volunteered his services in the Army of the United States in the North Carolina line under Captain Hodge for the term of nine months, and that he was attached to the fourth regiment as well as he can remember commanded by Colonel Archibald Lytle. We then marched to Camden in the State of South Carolina, and from there to Smoky Camp ten miles this side of Charleston where we joined the Brigade commanded by General Malmody, and from there we marched to the Savannah River to a place called Purvisburg in the State of Georgia where we were stationed a considerable length of time he states that during that campaign we had no general engagements but at different times we had engagements with the Bicknell Guards and Scouting Parties, and some time after his term of service expired this applicant received his discharge from Col. Lytle which said discharge he has lost or mislaid so that he cannot produce it produce it. And this applicant begs leave to represent that it was his misfortune to live at that time in a of sorry settlement and always thought that his life was in danger when at home, and consequently thought himself more safe in the Army, and after he returned home from the last above mentioned campaign he then substituted himself to serve in the place of Elijah Mason of Caswell County North Carolina, and he accordingly performed

the tower of duty which the said Mason was bound to do, and afterwards I also substituted myself in the service of my Country in the room and stead of George Bralford a citizen of Orange County in said State of North Carolina which said tower of duty I also performed, Applicant states that he thinks that it was in the years 1779 and 1780 that he performed the above named services. This applicant states that he received his discharges from Colonel Little which he has lost or mislaid so that he cannot produce them. This applicant begs leave to represent to the department that he herewith respectfully submits to the department a certificate certified by the Clerk of the County Court of Orange County in the State of North Carolina which said certificate likewise shews that this applicants name is found on the Soldiers Book kept in his office all of which is respectfully submitted, and he prays may be made part of the Testimony in this application. He states that the above named documents is all the documentary evidence that he has in his possession, and that he knows of no living Testimony by whom he can prove his services. And this applicant further states that by reason of old age and the consequent loss of Memory he cannot swear positively as to the precise length of his services, but according to the best of his recollection he served not less than the periods mentioned below, in the following grades. Three Months as Cornet of horse and Six Months as Lieutenant of horse, and two years as a private in the Army of the United States in the Revolutionary War. He hereby relinquishes every claim whatsoever to a pension or an annuity except the present, and declares that his name is not on the pension Roll or agency of any state whatsoever.
Questions put by Justice before whom this Declaration is made.
When and where were you born. Answer. I was born in the State of Pennsylvania

in the year 1754. Have you any record of your age. Answer. I have a record of my age and it is now in my house. Where were you living when you were called into service, and where have you lived since the Revolutionary War and where do you now live. Answer. I lived in the counties of Mecklenburg and Orange in the State of North Carolina when I was called into service, and after the Revolutionary War, I lived a while in the State of North Carolina and I now live in the county of Claiborne in the State of Tennessee. How were you called into service; Were you drafted, did you volunteer or were you a substitute, and if a substitute for whom, Answer. I volunteered, and substituted for two individuals whose names are stated in this declaration (Elisha Mason and George Bradford).
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 service.
Answer. I was well acquainted with Col. Little, I knew Generals, Morgan Green and others. Did you ever receive a commission and if so by whom was it signed and what has become of it. Answer. I did receive a commission which came through the hands of Col. Little to me which said Commission I have lost or mislaid so that I cannot produce it. Did you ever receive a discharge while you were a private, I received several from Colonel Little, all of them I have lost or mislaid so that I cannot produce them.
State the names of persons to whom you are known in your present neighborhood, and who can testify to your character for veracity, and their belief of your services as a soldier of the Revolution. Edward Walker John Jones, Thomas Coleman Isaac Croxdale Jacob Dalkins, and Kenley Ingate all know me sworn to an subscribed before me this day and date above written.
William Ingate Justice of the peace of Claiborne County
Andrew M c Clary mark

State of Tennessee } I William Fugate one of Claiborne County } the Justices of the peace of pleas and quarter Sessions held for said County do hereby declare that the present applicant for a pension (Andrew W. Blay) cannot attend Court in consequence of bodily infirmity. William Fugate Justice of the peace for Claiborne County
State of Tennessee } I William Fugate one of the Claiborne County } Justices of the peace of the court of pleas and quarter Sessions (the same being a court of Record) for said County do declare that after putting the Interrogatories and the investigation prescribed by the War Department. I believe the above named applicant was a Soldier of the Revolutionary War and served as he states. Given under my hand the day and date above written. William Fugate One of the acting Justices of the court of pleas and quarter Sessions for Claiborne County
State of Tennessee } I Edward B Walker aged 76 Claiborne County } years hereby certify upon oath that I have been acquainted with Andrew W. Blay who is making application for a pension for fifteen years for I live in the immediate neigh- -borhood where he does, and believe that he is the age he states, and that it is reputed and believed in the neighborhood where he lives that he was a soldier of the Revolutionary War, and that the said applicant is a man of good reputation and moral character, and that due faith and credit ought to be paid to his oath as such, and I do declare it to be my opinion that said applicant was a soldier of the Revolutionary War, and served as he states. Sworn to and subscribed before me this the day and date above written William Fugate Edward B. Walker Justice of the peace for Claiborne County.

Rev WIDOW, &c.
File No. _____
7417
Elizabeth M c Clary
Wid. of
Andrew M c Clary
Port N.B. line
Act: _____
July 4 th 1866, sec. 2 d
Index:—Vol. _____
16
Page _____
20
[Arrangement of 1870.]

Elizabeth McClary Barnes
Suspended
Act 28 June '39 W.
R. Evans
do. 12 Feb. 1840.
do. 11 Apr. 1840
Act 4 July 1836

Return of Col. Elliott's Com. 100th Regt. N.C. Vols. 1st Bn. Co. A 1st Lt. J. H. Elliott Present here
McClary, Andrew N.C. W 7417

Lawrence Adamson (of) ... John ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 

McCloy, Andrew N.C. W7417

State of North Carolina
I Morgan Hart Clerk of the County Court of Orange County do hereby certify that there appears on the Soldiers book kept in my office a claim in the name of William H. Clary N o 620. for £11. 15. 1. drawn by C. Dixon, which claim stands in the book, next below to Andrew H. Clary claim which appears to be drawn likewise by C. Dixon. —
In testimony whereof I do hereunto set my hand & seal of the office this 11 th day of April 1790 —
Morgan Hart Clk

December the 5 th Day - 1871 This is to certify that the Band of some hundred The Humbug and their John Robertson overm g Fetch the said ridgill from The said Robertson To agreement of use
...required to be paid to him which ...his Bond for ... ...from their date given under my hand
Dear + Thompson Yrs
Dear Sir,
Found mutilated June 30, 1911. J.M.
McClary, Andrew N.C. Wight

In
Camden August 27 th 1901
Comman and General
You are hereby authorized to for impreg horse saddles and horses for the use of Capt. Campbell Lieut. McGregor and Enr. Robinson to proceed as far as the Washburns and then to be returned to their owners
Com. M. H. G.
DCamp
To Lieut. Andrew M. Cary

40. 3. 4 33. 11. 23 6. 3. 11 300 12. 50 1. 11 313. 61
4352 Elizabeth W. Blair of Andrew Temper,
admitted
Pn: 15 m $50. — cap Hodge Cal Dylte, M. C.
died 23 Nov. 1833 Preston lit.
Act. 4 July 1836.
Walter R. Evans Tazewell Va

State of Tennessee } Claiborne County }
Personally appeared before me Benjamin Powell Justice of the Peace for said County, Willis Harper and after being duly sworn upon the Holy Evangelist as Almighty God, deposeth and saith -
That he was personally acquainted with Andrew McCleary, who was a resident of the United States , and with Elizabeth McCleary the present applicant for a pension as the widow of the said Andrew McCleary. That he knew them both a great many years ago in the State of North Carolina, and that they were living there as husband and wife in North Carolina and held and esteemed as such by their neighbors and they were people in good standing in society. That he has known them since they moved to this County, and Andrew McCleary was up to the time of his death in good standing and his wife Elizabeth McCleary was also esteemed as a good member of society. That they lived together, and raised a numerous family. - He did not see them married but from his knowledge of them where they originally resided he does believe that they were legally married. - He does not know of his own knowledge about his being a pensioner. sworn to & subscribed before me Oct. 26 th 1839
Willis Harper
Benjamin Powell (Seal) Justice of the Peace

State of Tennessee } Claiborne County } ss. William Overton, Clerk of the County aforesaid do hereby certify that Benjamin Sewell, whose name appears to the foregoing certificate, to the affidavits of Thomas Baker and James Belvin, and that of Willis Haysler, is and was at the several times of signing the same an acting Justice of the Peace for said County and authorized to administer oaths; and that his name appears in his own proper hand writing.
In testimony whereof I have hereunto set my hand and affixed my public seal of Office at Office in Tazewell, this 31 st day of October 1839. William Overton

April 1840
Inat Quat
Feb
Edwards, Esq. Commissioner of Pensions Washington City D. C.

Vazelle, March 31 st 1840.
Sir, I received your letter of the 12 th of February last, in due course of mail wherein you informed me that you had enclosed to me the original family record and the affidavit of witnesses in the case of Mrs. Elizabeth McHenry, widow of Andrew McHenry, decd. for the purpose procuring the certificate of the Magistrate that they were credible persons. The record and affidavit spoken of have never reached me, and I have waited until now thinking that perhaps they might come to hand, but it is useless to wait longer. For they are lost I suppose beyond doubt.
The certificate of the Magistrate as to the respectability of the witnesses whose statements were sent to the Department can be had at any time, as they are people well known in this County, and if that will suffice I will immediately get such a certificate and enclose it to you. Please to inform me what would be right to be done under the circumstances.
I am respectfully your St. servant.
Walter A. Corning

Andrew Melton
Tex ,
141
Brady Cloud, Taylors, Taylors
Hon. S. Burch H R

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of
Andrew M c Clary further proof or explanation.
which require
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 mentioned 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
yes
VIII. Has the Court given their opinion?
the Justice has
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?
Two Witnesses
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
yes
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 has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility?
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?
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?
No
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
7
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 the 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.
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 authenticated 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 end 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 Board 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 be sent with the papers."
The documents mentioned in the declaration do not accompany the paper, except the certificate of M rs . Mary Hart. Proof of the applicant's service as the correct content of Y rs should also be exhibited to entitle him to a pension for services rendered.

May 7. 1840
Free
J. L. Edwards Esq. Commissioner of Pensions Washington City D. C.
Edw.

Tadoussac, Que. April 28 th 1840. Sir:
Enclosed I return the papers in the case of Mrs. Elizabeth McHenry with the additional Certificate required.
Very respectfully,
Your ob t . serv t
M c R. Crain,
J. L. Edwards, Esq.

Original application
Hele 16.1839
4352
Mr. Edwards
Free
J. L. Edwards, Esq. Commissioner of Pensions Washington City

Sageville, Tenn. Feb. 6 th 1839.
Sir,
I herewith enclose, an application of Elizabeth McElroy, for the benefits of the Act of Congress passed July 4 th 1836. I am not very well acquainted with the nature and extent of the proof required in a case of this kind, and I send the declaration in this form, so that if any thing should be required further you can point them out. I prefer this course to asking instructions generally for cases of this kind, because I suppose you must be burdened with applications of that nature.
Respectfully
your obt. Servt. Walter R. Evans

Pension Office
Home.
Coln
Hon Samuel Burch House of Representative
Hon J. B. Burch

Mr
Mr. G. H. [illegible]
J. L. Edwards, Esq. Commissioner of Pensions Washington City. D.C.

Tazewell, Ill. June 15 th 1840.- Sir,
Permit me to mention to you the case of the application of Mrs. McElary for a Pension. I forwarded to you the papers sent, together with the required certificate of the Justice of the Peace before whom the depositions were taken. Please to inform me what has been done with her claim.
Very Respectfully Your Obedt. Servt. W. R. Evans

State of Tennessee } I William Fugate Justice of the Clairborne County } peace in and for the County aforesaid, and of the Court of Pleas and Quarter Sessions for said County the same being a Court of Record. Do hereby certify that there is no Regular Ordained Minister of the Gospel in the neighborhood where the applicant resides Given under my hand the day and date above written.
William Fugate Justice of the peace for Clairborne County
State of Tennessee } I. Iams I. Belvin a citizen Clairborne County } of the County of Clairborne and State of Tennessee do hereby certify that I am well acquainted with Andrew McEllay who is making this application for a pension and believe him to be the age of a ge he states and that it is reported and believed in the neigh- borhood where he resides that he was a soldier of the Revolutionary war and that I concur in that opinion
Given to before me William Fugate Justice of the peace in and for said County.
his Iams I. Belvin mark
State of Tennessee } I William Fugate Justice Clairborne County } as aforesaid do hereby certify that Edward B. Walker and Iams I. Belvin who has made the above last mentioned certificates are citizens of the County of Clairborne and State aforesaid

Hon Sam l Bunch H o Judge
and that they are credible persons and that due faith and credit ought to be paid to their oaths as such give under my hand and seal
Sam l Bunch
William Fugate
Justice of the peace who holds the court of pleas and quarter sessions held for said County the same being a court of Record
State of Tennessee We the undersigned I Benjamin F Bland Clerk of the Court of pleas and quarter sessions held for said County do hereby certify that William Fugate before whom the above named declaration was filed for a sum now due and was at the time of making the above certificates one of the acting of the Court of pleas and quarter sessions and that the same is his true signature given under my hand and seal of office this 25 day of July 1833 - Benjamin F Bland Clerk

State of Louisiana } this a mndment. Claiborne County } is made to the Deela- Rantion of Andrew Mcclary for a petition made before me John Mason one of the acting Justices of the peace in and for the county of Claiborne and State a- fore said and he makes this his Relinquish- ment to the Government of the United States for that Portion of his services which he claims off of the United States as a cornet and as a Lieutenant in the Corps of horse and only claims the amount of pay as a private in the army of the United States as described in his declar- tions for he has no documentary or living Testimony by whom he can prove his servs as a private or as an officer as he has any knowledge of as prescribed by the act of Congress passed June the 7 th 1832
Andrew his Mcclary mark
acknowledged to before me this the 18 th of Novem r 1833
John Mason a Justice of the peace for Claiborne County

State of Tennessee
I Benjamin F. Helms clerk of the court of pleas and quarter sessions for Clatborne County do hereby certify that John Mason whose signature appears to the within is now and was at the time of signing the same an acting justice of the peace for the County of Clatborne aforesaid duly appointed Commissioned and qualified as such and that due faith and credit should be given to all his official acts as such. —
Given under my hand and seal of office at office in Fayetteville the 13th day of December A.D. 1833
Benjamin F. Helms
Helen Helms
Hon. S. B. Welch H.H.

State of Tennessee } Claiborne County } I, Benjamin Sewell, a Justice of the Peace in and for said County, do hereby certify that Thomas Baker and James Melvin, and Willis Harper, whose annexed deposition, was taken before me in the case of the application of Elizabeth McElary for a pension on account of the revolutionary services of her late husband Andrew McElary, dec., are all credible persons, and that their statements are entitled full faith and credit, as gentlemen, and as disinterested witnesses. That they are men of good standing in society. Given under my hand this 25 th day of April 1840. Benjamin Sewell Justice of the Peace
I, Wm. Neil Clerk of the County Court of Claiborne County in the State of Tennessee, do hereby certify that Benjamin Sewell, whose name appears to the above certificate, is and was at the time of signing the same, an acting Justice for said County, and that he is the same person before whom the annexed depositions of Thomas Baker, James Melvin, and Willis Harper, were taken, and that his signature appears in his own proper hand writing - In testimony whereof I have hereunto set my hand and public seal of Office at Offutt in Fajewell this 25 th day of April 1840. William Neil (Clerk) County Court Clerk

State of Tennessee } Claibourne County }
Personally appeared Thomas Baker and James I Belvin before me, Benjamin Sewell and for said County a justice of the peace in according to law upon their oaths depose and say that they are personally acquainted with Elizabeth McCleary widow of Andrew McCleary Dec d and that they have known her for a great number of years That she is the same person
mentioned in the family Record now forwarded to the Pension office that they believe the same to be a true record of the family of the said Andrew McCleary Dec d and that it is the original Record written in the family Bible and Extracted from it upon the present occasion They further depose and say that the said Andrew McCleary Dec d and his widow the said Elizabeth Resided together until the time of his death
Sworn to & Subscribed to before me
This - 12 th day of August
1839,
Thomas his + Baker mark
Benjamin Sewell
James his + Belvin mark
Justice of the peace Claibourne County, Tennessee

ms 8
Term
addendum
Eliz M. Celary
Free
J. L. Edwards, Esq.
Commissioner of Pensions
Washington City

Sageville Oct. 31 st 1839
The Commissioner of Pensions will perceive that the Affidavit of Willis Harker as to his knowledge of the Applicant Elizabeth M c Clary is as positive as the great lapse of time will permit - As the Commissioner thinks it necessary the deposition of another one or two respectable persons to the same effect may be procured - but no further testimony can now be had -
Walter R. Evans