Revolutionary War Pension and Bounty Land Warrant Application File S. 16,469, for William Mc Cullers, North Carolina

SERVICE
NUMBER
N.C.
McCullers, William
S. 16,469
carded
CONTENTS

Georgia
16274
William McCallers of the State of Ga who was a pr. Ser. in the P commanded by Captain — of the C commanded by Colonel in the M. Ca time for 15 mo. 21 days
Inscribed on the Roll of Georgia at the rate of 54. Dollars 50. Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 13 th day of Sept. 1833. and due to Williamson New Covington Ga
Arrears to the 4th of Sept. 1833. 137.07 Semiant. allowance ending March 34 27.41
$164.48
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by J. Hill Clerk Book E Vol. 6 Page 97
109.66 27.41 137.07

State of Georgia County of Newton
On this 24 th day of November  December , Eighteen hundred and thirty two, personally appeared in open court before Christopher K. D. Strong the  notary public of the Superior Inferior Court of the State of Georgia  Newton County, now sitting William McCullum (Senior) a resident of Newton County and State of Georgia, aged seventy Eight 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 act of Congress passed June 7 th 1832. That he entered the service of the United States, under the following named officers, and served as herein (after) stated to wit in Captain John Whittys Company, in Colonel William Caswell Regiment, that deponent entered the service in the year 1778 the month & day of the month of said year, the deponent does not now recollect that deponent left the service in some time in 1779 having served the space of nine months & twenty one days, that deponent resided in the County of Johnston in the state of North Carolina when he entered the service, that he

entered the Service as a Drafted Soldier, that he was engaged in the battle known as Ash's defeat at the mouth of Brier Creek in the state of Georgia in said engagement deponent lost the sight of his left eye, that deponent marched from Johnston Court house, to Kingston, from thence with to White or Brown's Creek, from thence near Charles town in South Carolina from thence to Augusta, crossed the Savannah river near Augusta from thence down the country to the mouth of Brier Creek, deponent served in Company with Colonel Phillips Alston Regiment that deponent has no documentary evidence on the day he knows of any person, whose testimony he can procure, who can testify to his service other than the affidavits hereto annexed that deponent was born on the Eleventh day of October 1754 as the deponent believes in the County of Johnston North Carolina, that he has no record of his age, there was a record of his age, and deponent thinks the same was burnt in the dwelling house of deponent's father, deponent lived in North Carolina three or four years after the close of the Revolutionary war, and since that time in the state of Georgia, & deponent now lives in the County of Newton State of Georgia that deponent rec d a discharge but the same has been destroyed he thinks at the same time, the

record of his age was burat - deponent says that he served a three  four months term, in a horse Company under Colonel Wood in the state of North Carolina against the Eng deponent says that he also, served a term in a company of militia commanded by Captain John McCullers that he marched from Johnston County in N. Carolina to Wilmington in said state the term of said service deponent does not recollect - but thinks three months &  that Samuel Patillo & John Loyall are persons to whom he is known in his neighborhood & who can testify as to his character for veracity, & the facts of his service He hereby relinquishes every claim whatsoever to a pension or annuity, except the present and declares that his name is not on the pension roll of the agency of any state or if any, only on that of the agency of the state of North Carolina -
Sworn to & subscribed William his McCullers the day & year aforesaid mark  McCornick Seal S.S.C
We Samuel Patillo a clergyman & John Loyall - residents of said County hereby certify that we are well acquainted with William McCullers who has sub- scribed & sworn to the above declaration that we believe him to be eighty years of age. that he is respected & believed in the neighborhood where he resides, to have been a soldier of the revolution - & that we concur in that opinion -  Sworn to & subscribed the day & year aforesaid  McCornick Seal S.S.C  Samuel Patillo Clr. John Loyall

And the said Court do hereby declare their opinion after the investigation of the matter & after putting the interrogatories prescribed by the war department, that the above named applicant was a revolutionary soldier & served as he states - and the Court further certify that they are well acquainted with the Rev. Samuel Patillo - who has signed & sworn to the attached affidavit - that he is a clergyman - resident in said county at Covington - and that his statement is entitled to the highest credit -
McCornick Seal S.C.
W. D. Cummins S.C.
H. Luckie S.C.
I, Anne Simble Clerk of the Inferior Court of Screven County do hereby certify that the foregoing contains the Original proceedings of the said Court in the matter of the application of William Headers for a pension
In testimony whereof I have hereunto set my hand and seal of office the 26th day of December 1832
Anne Simble Clerk
Wm. H. Butler

Com M c Bullers Georgia C o 21732.
Admiral A. Smith 12 th Regt Inf ty 1833 L t - Col B. F. Harkness 12.00 854.83
Williamson & Sturms Covington La.

WAR DEPARTMENT,
Pension Office.
April 17 1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will 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 William M c Cullo
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     1778 drafted 9 21 Pri. Capt. Geo. Col. Wm Whitley Col. Caswell From Johnston 78 years   vol. 3 Pri. Horse company Col. Philepston defeat Court to Ringa Johnston County   thinks Pri. Capt. Geo. M c Cullo Col. Wood thence to White Oak N. C. a Traditionary   thence to Charleston S.C.   thence to Augusta   thence to Brian Creek  
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) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but 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 he 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.
[1] 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.
[2] The notes from [a] to [e] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [1] applies to continental troops only.
[3] This traditional evidence is indispensable in militia cases.
[4] If a witness cannot be found, the declarant must state the fact.
[5] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     1778 1 year 10 mo John H. Miller Thomas G. Gervill Ky.   1781 1 year James Sanders James Sanders   1782 1 year John H. Miller        
Battles engaged in, Battle of Red Bank, Pa. Battle of Red Bank, Pa. Residence of soldier at enlistment, Franklin Co. Ky. Date of application for pension, Dec. 1891 Residence at date of application, Franklin Co. Ky. Age at date of application, 84
Remarks: _____ _____ _____ _____ _____
Respectfully,
Commissioner.

16. 469 INVALID.
1919 July 10 Hist. do Mrs. J. E. Sanders.
File No. 16.469
William W. G. Lewis
Rev War
Act: June 7 th 89
Index:—Vol. 1 , Page 248
[Arrangement of 1870.]

Swingfield Thomas Hays Person My appeared before me Richard B. Robinson Justice of the Peace in and for said by John P. Raper being duly sworn, etc. and and to the best of that he was well acquainted with William McAllers in Johnston County North Carolina and that the John Raper and his friend McAllers was in the Revolutionary war together and in other dejects where the said McAllers got his eye nearly put out by the firing of a gun, or which still remains in that nation until now and of the time saw him in the service of his country in a com- pany of Cavalry under Col. William Hays Sanders and has not been acquainted with said McAllers since that time until some time lately given to and subscri- bed before me this 20 th of July 1833
R. B. Robinson J.P.
John Raper
I do hereby certify that John Raper is counted a man of truth and honesty in his neighborhood so far as I have been able to ascertain and my- self am tolerably well acquainted with him the said John Raper this 20 th of July 1833
R. B. Robinson J.P.

Georgia Gwinnett County } I William Matthie Clerk of the Inferior Court for said County hereby certify that Richard B Robinson whose name appears to the within affidavit of John Roper as a subscribing witness And whose name also appears to the within Certificate of credibility in favour of said John Roper is an acting Justice of the Peace for said County and was at the time of subscribing the same and that full faith and credit ought to be had & given to his attestation as such! Given under my hand & seal of Office this 20 th day of July 1853.
Wm. Matthie C.S.C.

Georgia 3 Knoweth all men, 3 Personally knew before me Richard 3 Not in war a Justice of the Peace for said County, Abel Gower and after being duly sworn deposed and saith on oath that he Abel Gower and William McCullers was raised neighbors in the same neighbo- rhood in Johnston County North Carolina and this de- ponent further saith that during the War between the States he was Personally acquainted with him the said William McCullers and that he was not in the service of his County at any time as a military soldier and this deponent further saith that the said McCullers all times through said War bore the title of a revolutionary character and to the best of his recollection and belief the said McCullers was in the actual service of his County and portion only at the time of its defeat and was not there- after in said defeat and this deponent further saith that he moved to the State of Georgia in some short time thereafter and since that time I have had no intimate acquaintance with said McCullers. Sworn to and subscribed before me his 12th July 1833 W. S. Johnson S. H. mark
To all whom these presents shall come, Greeting: Whereas, Nathaniel Sawyer is a man distinguished for morality, truth, and honesty among all that know him, and is a member of the Baptist Church for many years, this 19th of July 1833.

Georgia Gwinnett County } I William Maltbie Clerk of the Inferior Court for said County hereby certify that Richard B Robinson whose name appears to the within affidavit of Abel Gower as a subscribing witness And whose name also appears to the within Certif- -icate of credibility in favour of said Abel Gower is an acting Justice of the Peace for said County and was at the time of subscribing the same and that full faith & credit ought to be had & given to his given under my hand & Seal of Office this 20 th day of July 1836.
Wm. Maltbie C.I.C.

State of Georgia } Personally appeared before me Newton County } the undersigned, a justice of the } Inferior Court - in & for said County Williams McCuller who, being duly sworn, deposes and saith, that, by reason of his age, and the consequent loss of memory, he cannot swear, positively as to the precise length of each term of his service, but according to the best of his recollection, he served not less than the pe- riods mentioned below - I served as a drafted militia soldier for nine months and twenty one days. I served three months as a private in a county volunteer company - I served three months as a private - volunteer militia man and for such service I claim a pension. -
Sworn to & subscribed } his before me - July 29 th 1833 } Williams McCuller J. S. Anderson J. J. C. } Clerk
State of Georgia } James Trimble Clerk Newton County } of the Inferior Court in and for said County do hereby Certify that Joseph G. Anderson, whose signature appears as a witness to the above cer- tificate - as a justice of the Inferior Court for said County of Newton - is his genuine signature - and that due faith & credit ought to be had & given to it as such - In testimony whereof I have hereunto set my hand & seal of office this 29 th day of July 1833 -
James Trimble Clerk

Covington Ga. July 29 th 1853
Hon. J. L. Edwards -
Sir -
Enclosed you have the original declaration of William M c Culles - which has once been submitted to the Pension Department & returned with marks of disapproval - Note G - has been complied with as far as possible - By reference to the original declaration it will be seen - the names of officers are mentioned - Mr. M c Culles has amended his declaration by the enclosed affidavit - made in compliance with the form prescribed in note G - You have also herewith the amended affidavit of Abel Gower - duly certified - also the affidavit of John Raper -
In your instructions, it is stated - "The proof required by rule in note (j) applying to continental troops only - Mr. M c Culles was in the Militia service - We are confident the old man was a soldier of the Revolution and is justly entitled to a pension - he is quite poor - and should his claim be allowed by the department - hopes it will be returned as early as possible - With statements of regard, We are Sir your obt. Servt -
Williamson & Hovis

Alton Park, Tenn R.F.D. 1 - Paxton
June 23 - 1919 Commissioner of Pensions Washington D.C.
Dear Sir, Will you kindly fur- nish me the record of John Sraw a Revolutionary pensioner of Greene Co. Ga. in 1883, also the record of William McCullers, a revolution- ary pensioner of Newton Co. Ga. in 1883.
I am anxious to trace my ancestry and think these records will establish certain facts for me.
Thanking you for this favor Very truly
Wm. E. Sanders