Revolutionary War Pension and Bounty Land Warrant Application File S. 31245, for Daniel Mc Allester, Virginia

SERVICE
NUMBER
Var.
McAlister, Daniel S. 312 45 or McCalister
CONTENTS

13015 Kentucky
J. W. Clayton, Mar 5, 1857-
Daniel McCalister of Shelby Co in the State of Kentucky who was a private in the company commanded by Captain Whiten of the Rgt commanded by Harko in the Va line for 11 months
Died Aug 21, 1846 (a.B.)
Inscribed on the Roll of Kentucky at the rate of 36 Dollars 66 Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 29 day of May 1833 and sent to J. B. Sprigg Shelbyville Arrears to the 4th of March 73 32 Semi-ann. allowance ending 4 Sept 1833 $91 65
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by Daniel Day Clerk, Book 6 Vol. 7 Page 19

David McCalister 247-33
State of Kentucky Shelby County
On this day of April in the year 1833, personally ap- peared by open court before the County Court of Shelby County aforesaid Daniel McCalister now a resident of said County who being first duly sworn according to Law doth on his Oath make the following Declara- tion in order to obtain the benefit of the pro- visions of the Act of Congress passed the 7 th of June 1832, providing for certain surviving Officers and soldiers of the Army of the Revolution. Said McCalister saith that he will be seventy three years old the 13 th day of November next, according to the family record kept by his father Alexander McCalister showing the ages of all his children. This Declarant states that he was born in King William County in the state of Virginia but when he was quite young his father moved to Hanover County. That in the summer of 1776, being then in his sixteenth year he volunteered his services in the Revolutionary Army under Captain White in the County of Hanover aforesaid in the state of Virginia. My Lieutenant was named Tully I think his christian name I do not recollect. I recollect that General Nelson commanded the Troops to which I belonged. We were marched from Hanover County to Williamsburg, where we were stationed at least one month, and from thence we were marched to Little York, where we remained

The ballance of the War which lasted two months and we were then discharged. The year following about the month of March  April I was drafted in Hanover County and I was marched as a drafted militia private to Williamsburg, and was stationed there in the Barracks two months. I do not recollect the names of any of the officers of my company in this War. I recollect that Dock Honeyman of Caroline County was the surgeon who attended upon me whilst I lay sick in the Hospital. I was discharged at the end of two months from the time I entered upon service. The next year I again entered the Military service as a drafted private in the militia from the same County. I was marched to Wil- -iamsburg and was stationed there in the Governor's Palace two months, at the end of which time I was discharged. I do not recollect the names of the officers of my company or the principals officers by whom we were commanded in this War. The particular times when I entered said service, and when discharged I cannot recollect. I was again drafted in King William County and marched as a private in the militia from said County to Rich Neck, where we remained until we were discharged having served two months. I afterwards volunteered in Hanover County under Captain Henry Timberlake. Tom Richardson was the Lieutenant, with both of whom I was personally acquainted. I think this was in January 1860. In this War I served two months. We were marched from Hanover County to Richmond where the British had been, and had burnt their public property there. We

were marched from Richwood to the Mauley Hills and from there to Williamsburgh, where we were discharged. I cannot owing to old age and the conse- quent loss of memory state more precisely than I have the particular periods of the war when I rendered the aforesaid services or the commence- ment or conclusion of the different terms of duty performed by me. I was ordered into service under Col. John Starke from Hanover County, for the purpose of prevent- ing the British from coming over the Chesahomian Swamp to destroy the public property which was placed there in Hanover. I do not know how long this last service continued but from the best of my recollection it was one month. It was in the year 1781. I state that from the best of my rec- ollection I served eleven months as a private soldier in the war of the Revolution, and in manner as before stated. I came to Kentucky in the fall of 1785, and have lived here ever since when I prepared my Declaration before I was a resident of Oldham County, in this state, but by an act of the legislature since made I am now a resident of Shelby County. I hereby of no person by whom I can prove the aforesaid services to have been rendered by me, nor have I any documentary evidence by which I can prove the same I hereby relinquish every claim whatever to a pension or annuity except the present and I declare that my name is not on the Pension Roll of the agency of the United States or of any state, or territory from to and including the day and year aforesaid
Daniel M c Alister
We Joel Bulsey and a clergyman residing in the said County of Oldham and Stephen D. Maddox & Samuel Ellis, residing in  the Shelby County hereby certify that we are well acquainted with Daniel M c Alister who has subscribed and sworn to the above declaration. That we believe him to be seventy three years old; That he is respected and beloved, in the

neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion. We also certify that said McCalister is a man of truth and his statements are entitled to credence
sworn and subscribed the day and year aforesaid.
Joel Hilson
Samuel Ellis
Stephen H. Medlock
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 soldier of the Revolution and served as he states. And the Court further certifies, that it appears to them that Joel Hilson who has signed the preceding Certificate is a Samuel Ellis gentleman in the County of Oldham and Stephen H. Medlock who has also signed the same is a resident in the County of Shelby, and are credible persons and that their statements are entitled to credit.
Wm. Shanks P.L.B.C.
I James J. Whitaker Clerk of the Court of Shelby County do hereby certify that the foregoing contains the Original proceedings of the said Court in the matter of the Application of Daniel McCalister for a Pension. In testimony whereof I have hereunto set my hand and sealed my Office this 18 th day of April 1833.
Ja. J. Whitaker Clerk Shelby County Court

24,773.
Daniel McAlister Shelby Co. Kentucky.
from 1776 private 11 months, $36. 66 / 100 .
White Starks Va
J. L. Sprigg Shelby Co Kentucky.

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 show 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 Daniel McCalister Shelby Co. Kentucky
   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.     1776 " 2 " Priv. Gen Nelson Col. Whitz Col. Starks 73 years Hanover Co. Virg a Traditionary   1777 " 2 " " Not recd.   1778 " 2 " " " "   Jan 1780 " 2 " " Not stated. Col. Timberlake Lt. Richardson   1781 " 1 " "  
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 (f) 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 place 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

August 8, 1936
XXXXXXXXXXXXXXX
Mrs. M. C. Pearce 1426 Central Avenue Memphis, Tennessee
DANIEL McALLESTER S. 31245 BA-J/MLB am
Dear Madam:
You are furnished herein the record of Daniel McAllester, whose surname appears also as McCalister, the data of which were obtained from the papers on file in pension claim, S. 31245, based upon his service in the Revolutionary War.
Daniel McAllester, son of Alexander, was born November 13, 1760, in King William County, Virginia; the name of his mother is not shown. When he was quite young, his father moved to Hanover County, Virginia.
While a resident of Hanover County, Virginia, Daniel McAllester volunteered in the summer of 1776 and served at various times until sometime in 1781, amounting in all to eleven months, as a private under Captains White and Henry Timberlake, also under Colonel John Starke, in the Virginia troops, stationed at different times at Williamsburg, Yorktown and Rich Neck.
The soldier moved from Virginia to Kentucky in the fall of 1785, and lived in Oldham and Shelby Counties, in that state.
Daniel McAllester was allowed pension on his application executed April 10, 1833, at which time he was a resident of Shelby County, Kentucky. He signed Daniel McAllester but his name was borne on the pension rolls as McCalister. He died August 21, 1846.
No reference was made in the claim to soldier's wife.
In 1857, reference was made to Lucy Carson and Nancy Harris, heirs of the soldier, Daniel McAllester, deceased, Revolutionary War. Their places of residence and relationship to the soldier were not shown.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator

1936, Aug. 8 - Hirt to Mr. M. C. Pease in 1870
31 245 Rev. INVALID.
File No. 31,245
Daniel McAlister
Rev. Rev. Rev.
Act: June 1 st 1870
Index:—Vol. 2, Page 262
[Arrangement of 1870.]

Ms. A. 9. 2. 20 Apr 15
To the Honorable James 13 22 9 Free
Chas. Francis Adams
Secretary of War Washington City

Sir
I enclose the Declaration of Service Mr. Hester amended in conformity to the Bills sent from your Office accompanying the Original. As a Certificate should go to him, direct the same to me.
Respectfully Yours &c
James H. Strong

La Grange Ky 13 th Feby 1857
Com r
Pension
I will thank you to inform me if an application has been made at your office in the names of Lucy Carson and Nancy Harris, Heirs of Daniel Carroll  Carroll dec d , Soldier of the Revolution for arrears of Pension Kentucky rolls. Sometime during last summer I forwarded a power of attorney given by said parties to myself and - Thompson of Washington City - but have been unable to hear any thing from him for many months, I will thank you also to inform me what has been done with the Bounty Land Claim of Thomas Whitten N o 234049 Act of 3 rd March 1855 - I rec d your in regard to the Pension Claim of Mary Humphrey widow of Meret Humphrey dec d - The papers in her case will be forwarded in a few days - the authority heretofore given to James E Stewart to prosecute claim is rescinded
Respectfully Yours & Dr Wm Clayton

Pension Office, March 5, 1857,
Sir,
No application has been filed for arrears of pension by the children of Daniel M c Alister, of Ky., under any Act of Congress,
J. W. Clayton, Esq.
La Grange Kentucky

August 8, 1936
XXXXXXXXXXXX
BA-J/MLB
Mrs. M. C. Pearce 1426 Central Avenue Memphis, Tennessee
Dear Madam:
Reference is made to your letters in which you request the Revolutionary War records of the following soldiers:- John Campbell, of Scott County, Kentucky; John Campbell, of Mason County, Kentucky; Robert Campbell, of Jessamine County, Kentucky; John Wilson, of Pulaski County, Kentucky; Mary Wilson, of Mercer County, Kentucky; Jane Wilson, of Jefferson County, Kentucky; Henry Wilson, of Bourbon County, Kentucky; John Cook, of Madison County, Kentucky; William Cook, of Grant County, Kentucky; George Pearce, of Simpson County, Kentucky; Daniel McCallister, Senior, of Shelby County, Kentucky; John M. Boyd, of Todd County, Kentucky; William Boyd, of Bath County, Kentucky; William Duggan, of Monroe County, Tennessee; James Wilson, of Marshall County, Tennessee, and Joshua Pearce, of Williamson County, Tennessee.
Because of the great demand for Revolutionary War data, and the limited trained clerical force available for furnishing such information, it is impossible to comply in full with each request relative to soldiers of that war.
The record of Daniel McAllester or McCallister (S. 31245) is furnished you herewith.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator
All letters from writer are in misc. files except one for Daniel McAllester; they are filed under Pearce

THIS SIDE OF CARD IS FOR ADDRESS
Pension Bureau, Washington, D.C.

1426 Central Avenue; Memphis, Tenn.
Gentlemen;
Please let me have the Rev."ar pension record of the following;
George Pearce, Sompson county, Ky. Danl. McCallister , Sr. Shelby co. Ky.
Yours truly,
Mrs. M c C. Pearce
Mrs. McCallister Pearce.

Also refers to Bland & Green back to Adams to charge out dated 1857
Daniel H. Calister
Ky 1852
Jan. 1853 Geo. A. H. H. H. Bonnemaison Oxer Washington City D.C.