Revolutionary War Pension and Bounty Land Warrant Application File S. 7174, for Mathew Mabry, Virginia

SERVICE
NUMBER
Va.
Mabry, Mathew
S. 7174
CONTENTS

North Carolina 29.527
Mathew Mahoy of Warm in the State of N.C. who was a P er in the comman by Captain of the Reg t comman by Col o Evans in the Va o line for 10 months —
listed on the Roll of N. Carolina the rate of 33 Dollars 33 Cents per annum commence on the 4th day of March, 1831.
Certificate of Pension issued the 1 st day of Dec r 30 and sent Rev d E. Cook Wilmington, N.C.
Arrears to the 4th of Sept r 116.66 Semi-ann. allowance ending Dec r 31 16.66 $ 133.32
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Nat l Sine Clerk. Book E Vol. 6 1/2 Page 66

State of N. Carolina } Superior Court of Law & Equity Warren County } October Term 1834
On this 13 th day of October 1834 personally appeared in open Court before the Hon ble John R. Donnell Judge of the said Court - now sitting - Matthew Mahoy - a resident of the County of Warren aforesaid - aged seventy five years last June - 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 the 7 th June 1832 -
That he was born in the County of Bunty, State of N. Carolina - now Warren County. That in the Spring of the year 1780, he thinks in April - he was drafted for five months as a Private in the Militia and attached to the Company of Capt. John White - in the regiment - commanded by Col. Ennis of N. Hampton County and Maj. Nicholson. That he was first marched to the Town of Halifax - where he joined the Halifax & N. Hampton Troops - whence he was sent by Genl. Thomas Patten to Crap Creek in Cumberland County, N. Carolina, a distance of about 110 miles, with papers and despatches to Genl. Caswell - and was accompanied by Colonel Reser and James Dalthrop, who died on his return. That he brought back some papers from Genl. Caswell to Genl. Patten - but delivered them to Col. Ennis - as Genl. Patten was not present. That Col. Ennis sent him back with more papers or letters to Genl. Caswell - with whom he remained till Gates' defeat - He well remembers Genl. Caswell - He was of ordinary height and thin visage - He also remembers Bnfr. Hugh Williams - who he

thinks was one of Caswell's aids. That he was with Caswell and his army until the defeat of Genl. Gates at Camden, S.C. which he distinctly recollects was on the 16 th August 1780. He was in company with Commissary Duncans and within 50 or 60 yards of the Cavalry and Infantry when the first gun was fired. He came down to the end of the lines - where Col. Rotherfield of Virginia was borne by on his horse wounded - who died about four or five miles off a short time after the Battle. He retreated with the rest of the Militia to Bell's Mill on Deep River where they were stationed for some time - Thence they were marched under the command of Genl. Gregory up on the River Yadkin opposite the Town of Salisbury, where this Defendant was discharged by Col. Evans - having performed his full term of service. The discharge was signed by Col. Evans - but has been lost. Afterwards, he believes in the month of October, of the same year, he became the substitute of one William Blackwell a private in the Militia for three months - was attached to the Company of Capt. John Harris of the Regiment - commanded by Col. Wm Moore - was marched to Salisbury - and was stationed for a while a short distance beyond that place under the command of Genl. Butler - From thence he was marched to New Providence on the Catawba and was sent 7 or 8 miles down the Catawba to guard a Ford, under Col. Duple with whom he was well acquainted. Here he continued until the arrival of the New Guard when having served his full term of three months he was discharged - His discharge was signed by Col. Wm Moore of Caswell County - but has since been lost. Having returned home, it being in the year 1781 - he was again drafted for three months as a private in the Militia - in the company of Capt. Joseph Wren - of the Regiment under the command of Col. William Linton - and Maj. Mathew Levard. He was marched from Williamstown in Granville to Halifax and thence to Tarborough - where he was stationed till they heard

of the Surrender of Cornwallis - Of this service he performed two months, as well as he recollects - While at Tarborough Gap? Nash & Col. Linton did all they could to promote and encourage enlistments - and he was induced to abandon the militia service and to enlist for 18 months under the command of Geo. Smithy of Butts - about 30 or 40 others enlisted - They came home - where they stayed 2 or 3 days - & then rendezvoused at Henry's new house - now New Hope - near Halifax Town - where they met Col. Linton - who took command of them - After a few days they were allowed to return home under orders to hold themselves at all times in readiness - but peace being announced - they were never called upon.
This declarant hereby relinquishes every claim whatever to a Pension or annuity - except the present - & declares that his name is not on the Pension Roll of the Agency of any State.
Sworn to in open Court.
Bev. E. book of J. E.
Mathew his Marky Marky
We Carmell Drake a clergyman and Wm. Person both Residents of the County of Warren aforesaid - hereby certify on oath that we are well acquainted with Mathew Marky who has signed the above declaration - that we believe him to be of the age of 80 years - that he is respected and believed to have been a soldier of the Revolution - and that we concur in that opinion.
Sworn"> Sworn to in open Court.
Bev. E. book of J. E.
Carmell Drake Wm. Person
Capt. John L. Ward of the County of Warren aforesaid hereby declares on oath that he has been well acquainted with Mathew Marky for about fifty years, that being himself out on militia duty in the year 1780 - he well remembers seeing the said Marky also in the service as a Private - opposite Cross Creek in Cumberland County sometimes in the months of June of that year - He also recollects that Companies of militia in that

service were drafted for five months.
Sworn to in open Court.
Benj. E. book clk
J. L. Ward
Robins Harris makes oath that he has known Mathew Mahay from Bayhead that in the year 1781 he served in Capt. Joseph Lane's company under Col. Hinton & Maj. Wood. He knows said Mahay was a private in said company and well recollects his enlistment at Tarboro under Genl. Purvis which was a short time before the three months service expired. He believes him to have been a good soldier that he thinks him entitled to credit on oath.
Sworn to in open Court
Benj. E. book clk
Robins Harris
And the said Court doth hereby declare its opinion, after the investigation of the matter and 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 it that Caswell Drake who has signed the preceding Certificate, is a Clergyman Resident in the County of Warren aforesaid and that Wm Person who has also signed the same is a Resident in said County & a Credible person - and that their statement is entitled to credit - as are also the above statements of J. L. Ward and Robins Harris who have signed the foregoing affidavits.
I Benjamin E. book, Clerk of the Superior Court of Law for the County of Warren, State of North Carolina, do hereby certify that the foregoing contains the original Proceedings of the said Court in the matter of the application of Mathew Mahay for a Pension. In testimony whereof I have hereunto set my hand & seal of office this 13 th Oct r 1834.
Benj. E. book clk
State of North Carolina - Warren County. I John A. Bournell one of the Judges of the Superior Courts of Law and Equity, in and for the State aforesaid, do hereby certify, that Benjamin E. book whose signature appears to the foregoing certificate, is now, and was at the time of signing the same, Clerk of the Superior Court of Law, for the County of Warren aforesaid, and that due faith and credit should be given to his attestations as such, and that said certificate is in due form of Law. In testimony whereof I have hereunto set my hand & seal this 13 th day of October A.D. 1834.
John A. Bournell J. L. Ward

Rev War
7174
INVALID.
File No. 7174
Mathew Mosley Rev War
Act: June 1 st 83
Index:—Vol. 1 st , Page 236
[Arrangement of 1870.]

Mathew Mahy.
Ch a Carolina
Suspended
By Mr. E. Cook Warrenton - 17 October 1834
Admiral or priest 10 mo 33 33
Hon. Wm. E. Adams Warrenton N.C.

No 7595 Matthew Maloy
to. L. L. L.
Warrenton N.C.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Matthew Maby which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes in 2 cases no in one 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? no. VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

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

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.
The applicant must produce proof of his service with his intestments.

Warren - 14 th Nov r 1834
Sir
Having prepared for Mathew Mabry the last case sent you - your letter on the subject to Benj: E. Cook of Warrenton was referred to me - It is the same claim that was presented "some time years since" and returned to Caswell Drake - Mabry some short time afterwards had a corrected case prepared - and confided it to a friend to forward but did not learn until recently that it had not reached you - He then applied to me & handed over all his papers - After I had prepared his case I threw the old Declaration in the fire - not knowing or believing it would be of any account - The instructions to him were retained - and are herewith inclosed - from which you will discover the objections to his original application. This, I hope, connected with the fact that the original Declaration was innocently and without any design whatever destroyed will prevent all prejudice to his claim.
I will add that he is a very old and inferior man and that his service in the war of the Revolution is as notorious I believe as any other point of his history.
In haste, I am, very Respectfully Yr. Ob t Serv t
Answer this, if you please, to Mr. Cook. W.H.E.
W. H. Edwards