Revolutionary War Pension and Bounty Land Warrant Application File S. 4201, for Alexander Mc Mennamy, North Carolina

SERVICE
NUMBER
N. b.
McMennamy Alexander
S. 4201.
banded.
CONTENTS

Dead
Paid at the Treasury under the Act of 6. April 1838, from 4. Sep 1839 to 4. Feb 1840. age Note filed 11. Dec 1844
23521
West Tennessee
Alexander McMenamin of Shelby in the State of Tennessee who was a Private in the company commanded by Captain Sanders of the regt commanded by Col. Moore in the volunteer line for 8 mo's service 52 " " Sergeants
Inscribed on the Roll of West Tennessee at the rate of 54 Dollars 16 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 21 day of Jan 1834 and 6th of Marri Wardell
Arrears to the 4th of Sep c 135.42 Semi-ant. allowance ending 4 March 27.08 $162.50
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Dan Boyd Clerk, Book 6 Vol. 7 Page 93

TREASURY DEPARTMENT,
SECOND COMPTROLLER'S OFFICE,
November 8 th 1844.
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," and the third section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the pension agents, The admin ts of Alex r Mc c Menarway a Pensioner on the Roll of the — Nashville — Agency, at the rate of — fifty four — Dollars and Sixteen Cents per annum, under the law of the 7 th June — 1832 — has been paid at this Department, from the — 4 th — of Sept. 1839 to the 4 th Feby. 1840.
Respectfully, yours,
William H. G. Smith
Comptroller.
To the COMMISSIONER OF PENSIONS,
Present.

State of Tennessee
Thomson County
State of Wisconsin Thompson County. On this 28 th day of Sept r 1852
State of Tennessee Wilson County. On this 28 th day of Sept r 1882 Personally appeared in open court before James H. [?] Benjamin Williams & David C. Hibbitts Esqrs Justices of the court of Pleas and quarter sessions now sitting, John Alexander McMunnahy a resident of said County of Wilson aged about thirty three years as of 4 years from the family Register to law, doth on his oath make the following declaration in order to obtain the benefit of the act of "Disgrace" passed June 7 th 1852. That he the said McMunnahy entered the service of the United States in sometime in the month of April 1879 as a volunteer under capt John Oldham in the Regiment comman- ded by Col. Stephen Moore, rendezvoused at Hillsborough North Carolina and marched to Hagerstown in said state, from whence his Regiment marched to South Carolina and on their way thither at at Bear creek he was taken sick and was furloughed, which furlough he has preserved and is here copied in this declaration and is in the words & figures fol- lowing, viz,
"Bareknick { whereas Alex r McManamy is now "Court Martial { able to do duty as a soldier we deem it necessary to give him a furlough until he will recover his health and then to return to his duty again under pain of being dealt with as a deserter Given under my hand this 12 th day of June 1779." vice original exhibited "Stephen Moore Col."
In this term of service he volunteered for three but they were detained for five months before they were discharged.
He afterwards, to wit, in the early part of the year 1781 volunteered for three months as a mounted grenadier and entered the service under Capt. William Sanders in the Regiment commanded by Col. William Moore - Then divided at Caswell Court houses in North Carolina and moved from there into Rock- ingham County - Virginia. to attack the expected march of Cornwallis through that from whence they returned to North Carolina again, and to Guilford Court houses and there met Cornwallis and was in the Guilford battle and was honorably discharged, his time of service having time expired. not having been out the whole term of three months he has lost his discharge for that reason long since.
The second of  the  three  other  officers  of  the  company  who  volunteered  for  the  service  as  first  lieutenant  in  the  company  commanded

by Capt. George Oldham in the Militia of the State of North Carolina, in the expedition commanded by Maj. Genl. Caswell (Gov. of North Carolina) and march from point to point in different parts of the State against the Tories, and was discharged after having served five months and fifteen days, as appears from the original discharge marked B and herewith annexed and prayed to be made a part of this declaration.
Afterwards, about the 28 th of December  Sept 1782 he enlisted as a soldier in the company commanded by Capt. Jacob Rayford in the First Regiment of North Carolina State Troops. Capt. Rayford before they were mustered into service was broke of commission and he said McManamy was commissioned by Gov. Martin to the command of said company, and Captain he continued in the command of said company as captain in the pursuit and guarding of Tories until he was discharged at Hillsborough North Carolina on the 20 th day of December 1783, as will appear from the annexed discharge under the hand of Gov. Martin, marked C (which said discharge said McManamy has been enabled to preserve entire by means of keeping it constantly rolled round a quill) - The time of said enlistment was for three years or during the war, which service ended on the 20 th of December 1783, as aforesaid the war having closed about that time. His whole term of actual service amounted to twenty five months and fifteen days eight months he served as a soldier five months and fifteen days as first sergeant under Captain Oldham and twelve months as Captain under Governor Martin of North Carolina in the First Regiment of North Carolina State Troops as appears by the annexed discharge. Said applicant was born the 15 th of September 1758, in the County of Halifax Co. of Virginia his father moved to Caswell County North Carolina where he was a child where he resided until he moved to Dannefuer Wilson County in the year 1800 where he has resided ever since - his name is not on the Pension Roll of any agency in any State in the United States and he hereby relinquishes

Ms. A. 9. 2. 31
Captaine Alexander Fleming application for a pension original & amended Declaration
Ms. A. 9. 2. 31

every chain whatever to a person born  born - - except the present - his character for truth is known to all his neighbours - he can refer to Samuel Motherwell - Robert Campbell and the Revd Elijah Maddock, Deacon Mathew Gardner - and others - for evidence in this particular
Sworn to in open court this 28 th day of September 1832
Asahel M c Clain Clerk
of Wilson County Court
Samuel Motherwell has known for more than fifty years he is about 75 years of age the applicant he is about  Memmings  Memmings he knew him in Gasconade  Gasconade County of  of North Carolina he knows that he entered the service of the United States in the Revolution - and served several terms - for the length of time as stated in his declaration - he has heard his declaration read and from his knowledge of the service he understands he believes he read as stated in his declaration he has always maintained a good character for truth Wm Samuel Motherwell
Sworn to and subscribed in open court this 28 th Sept 1832
Asahel M c Clain Clerk
of Wilson County Court
Elijah Maddock a Clergyman for Wilson County hereby certifies that he has long known the applicant Memmings that he is respected and beloved in his neighbourhood to be a soldier of the Revolution Robert Campbell likewise certifies that the applicant is beloved in his neighbourhood and a soldier of the Revolution they have both heard his declaration and believe he read as there stated he is a man of good character for truth
Sworn to in open court 28 th Sept 1832
Elijah Maddock
Asahel M c Clain Clerk Robert A Campbell of Wilson County Court

State of Tennessee Wilson County } I Josiah S. McClain of the County of Pleas and Quarter Sessions for Wilson County do hereby certify, that the foregoing contains the original proceedings of the said court in the matter of the application of Alexander McMillan my for a pension and that George W Bullard
State of Tennessee Wilson County } I William Steele Chairman of the Court of Pleas & quarter Sessions for the County of Wilson afore said do hereby certify that Josiah S. M c Clain whose name appears to be annexed certificate now is and was at the time the said certificate bears date Clerk of said County elected & qualified as the law directs that his said certificate is in due form of law and that his attestation are entitled to full credit given under my hand this 29 th day of Sept 1839 W Steele Ch of Wilson Co. Court

And the said Court hereby declare their Opinion after investigating the matter and after putting the interrogatories prescribed by the War Department that the above named applicant was a soldier of the Revolution and served as he states in his Declaration and the Court further certifies that it appears to them that Eliza Chadwick is a Purgin resident in the County of Wilson and that Samuel Metheram and Robert Canbree who have also assigned the same are creditable to full credit given under our hands and seals this 26th day of September 1832
W. H. R. B.
D. H. H. B.
Douglas H. H. B.
State of Tennessee Wilson County. 3
I, Francis J. McLain clerk of said Court of Pleas and quarter sessions do hereby certify that the proceedings of said Court in the matter of the application of David H. H. for a pension and that George H. Bull and David H. H. and Benjamin H. H. Esq. whose names are subscribed to the foregoing certificates are and were at the time of signing the same acting justices of the peace in and for the County of Wilson aforesaid duly commissioned and qualified according to law and that full faith and credit is and ought to be given to all their official acts as such.
In testimony whereof I have hereunto set my hand and seal of my office at office in the town of Lebanon this 26th day of September 1832 and of the Independence of the United States the 57th year.
Francis J. McLain

And the said court do hereby deliver their opinion, after the investigation of the matter and after putting the interrogatories presented 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 it that William Saunders and Cornelius Saunders who submitted the preceding certificate are citizens of Rutherford County, Tennessee. And their statements are entitled to credit after the foregoing .
J. H. Mitchell Judge presiding. — — —
I William L. Martin Clerk of the circuit court of Wilson county do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Alexander McNamee for a pension & that Julius Dreher who signed the foregoing affidavit is an acting justice of the peace in the testimony whereof, I have hereunto for said county of set my hand and seal of office this 6th day of November 1833.
Wm L. Martin clerk.

13.557 Alexander M. Munnery Wilson Co Tennessee
for 1778 private Sept 13 months & 15 days
$ Pa. 8 mths $26.66 Sept 5 1/2 mo. 27.50 $54.16 10
4 Can only allow as above discharge as captain date Dec 13, 1783. Hostilities had nearly or quite ceased in Dec 1782.
Dr Barr
Robt. M. Britton Lebanon. Wilson Co Tennessee

WAR DEPARTMENT,
Pension Office,
May 10 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 subjjoined 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, shewing the Service of Alexander McMurray Wilson 60 Tennessee.
   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.     Ap 1779 " 5 " Priv Col. Moore Capt. Oldham 73 years Caswell Witness Sam. McMorall   1781 " 3 " " Col. Moore Capt. Sanders 60 N. Car.   1780 " 5 15 Sergt. Gen. Caswell Capt. Oldham " Capt. Oldham's Certificate   1782 1 " " Capt. In 1 st Regiment N. Car. Vols. Troops. Should prove satisfactory that he was commissioned & served as a Captain. The discharge purporting to have been given by Gov. Martin is not genuine.  
I am, respectfully,
Your obedient servant,
J. 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) , who has 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 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 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 [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.
[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.
Joseph Rowen

Rev May ✓ 4201. INVALID.
File No. 4201
Alexander McNamee Sergt. P.C. Line
Act: June 7/932
Index:—Vol. 4 , Page 244
[Arrangement of 1870.]