Revolutionary War Pension and Bounty Land Warrant Application File W. 9559, for James Mc Millan, South Carolina

SERVICE
NUMBER
SC
McMillan James Rachel
Nr 9559
CONTENTS

9.221
South Carolina
Rachel M c Millan dec d .
widow of James SC who was a priv. of Cav y . in the Revolution
M c Thompson June 15/53 Richard H Clarke 12/1854
Inscribed on the Roll at the rate of 100 Dollars
Cents per annum, to commence on the 4th day of March, 1843. Vindicta 25. Oct. 1841.
Certificate of Pension issued the 27 day of May 52 and sent to
M c Thompson Prast.
[Acts of March 3, 1843, & June 17, 1844.]
Recorded in Book et Vol. 2 — Page 167

South Carolina 23.96H
James McMillan Cheraw in the State of S c Ca: who was a Pr: Cav in the commanded Captain ——— of the R y commanded Col Horry in the S c Ca for 2 years
Enscribed on the Roll of South Carolina the rate of 100 Dollars — Cents per annum. commence on the 4th day of March, 1831.
Certificate of Pension issued the 8 th day of May 34 and Sub — 17.14 Robbins Cheraw — S c Ca:
Arrears to the 4th of Feb: 34 3.00 Pension allowance ending 4 Sept. — 9.70 $3.70
{ Revolutionary Claim, } Act June 7, 1832. }
Recorded by Nath: Rice Clerk Book E Vol. 6 Page 76

132.71 Feb. 24, 1847.
Rachel McMillan, deed
July 7, 1838.
Thomas A. B. Sims
H. Rep!
Feb 24 '47

The State of South Carolina Chester District
On this the Seventeenth day of February, one thousand eight hundred and forty seven personally appeared before me David S. Harlee Commissioner in Equity in and for the District aforesaid, Sarah Pervis, daughter of James and Rachael McMillan, late of Chesterfield District in the State aforesaid deceased, a resident of the District last aforesaid aged about sixty years, who being duly sworn doth on her oath make the following declaration in order to obtain the benefit of the provision made by the Act of Congress passed 7 th July 1838 entitled "An Act granting half pay and pensions to certain widows" also the benefit of the Acts of 3 rd March 1843, and 19 th June 1844
That this declarant the aforesaid Sarah Pervis in behalf of herself and of Mary Owens, wife of Bryant Owens, John McMillan and James McMillan children of the aforesaid James McMillan and Rachael McMillan deceased, states that James McMillan husband of Rachael McMillan was a private soldier in the War of the Revolution as the children understand, and as such he served the United States against the common enemy and was allowed a pension under the Act of 9 th June 1832 at the rate of One hundred dollars per annum: that the aforesaid James McMillan was married to Rachael Chisholm in the year one thousand seven hundred and eighty and as husband and wife they lived together until the death of the said James McMillan who departed this life in Chesterfield District South Carolina on the eighteenth day of August one thousand eight hundred and thirty seven (1837): and his widow the aforesaid Rachael McMillan departed this life in Chesterfield District South Carolina on the twenty fifth day of October one thousand eight hundred and forty four never having again married after the decease of her husband the aforesaid James McMillan.
This declarant further on oath states that there was no family record kept by the said James and Rachael McMillan of their intermarriage or of the birth of their children.
This declarant further on oath states that there were three children the issue of the marriage of the said James and Rachael McMillan older than her, this declarant all of which three said children departed this life before the decease of the said James and Rachael McMillan: and that this declarant and the aforesaid Mary Owens, John McMillan and James McMillan
are

are the only surviving children of the said James and Rachael McMillan. Sworn to before me this seventeenth day of February A. D. 1844 D. J. Worlun C.E.C.O.
She Sarah X Pervis mark
And I the said David S. Worlun Commissioner in Equity in and for Chesterfield District aforesaid do hereby certify that it was shown in evidence to my satisfaction that James McMillan named in the foregoing declaration died at his late residence in Chesterfield District South Carolina on the eighteenth day of August one thousand eight hundred and thirty seven (1837); and that his widow Rachael McMillan died in the said District on the twenty fifth day of October one thousand eight hundred and forty four (1844) leaving the following children her surviving viz. Sarah Pervis wife of John Pervis, Mary Owens wife of Bryant Owens, John McMillan and James McMillan all of lawful age: and that the said Sarah Pervis the declarant is a person to whose statements full faith and credit are due. — February 20 th 1844.
D. J. Worlun C.E.C.O.

The State of South Carolina § Chesterfield District § On this fourth day of April Anno Domini One thousand eight hundred and fifty four before me Rev. John Morgan a justice of the Peace au- thorized to administer oaths in and for the District and State aforesaid. Cometh John Gullage and his wife Ann, John Atkinson and his wife Rachel. Mary Thompson, Sarah Thompson, James Thompson, Samuel Thompson, and say on oath that they are all with the exception of the said John Gullage and John Atkinson, the children lawfully begotten by Samuel Thompson on the body of Isabella McMillan the daughter of James McMillan who was a Soldier in the Revolutionary war, and for whose services therein his children John and James Mc- Millan and Sarah who intermarried with John Pervis and Mary who intermarried with Bryan Owens have already received from the United States Government their proportion of his pay or other bounty, but the heirs of his deceased son Alexander, and his daughter Nancy who intermarried with one Colin McMurphy, with the parents of these deponents have never yet received anything or made any applica- tion therefor. These deponents further say that the said Isabella McMillan the wife of the said Samuel Thompson depar- ted this life about the eighteenth day of January in the year 1838. That their Father Samuel Thompson is still alive and with all of them resident in the District and

and Stah aforesaid and will unite in this application that the only heir of Alexander McMillan lives in Florida if alive at all and Nancy McMurphy if still alive is in Alabama. These deponents further say that those Children of the Revolutionary Soldier James McMillan who received bounty from Government received it upon an application in their own names as deponents suppose because they were then all alive. Deponents further say that they are the only Children of said Isabella McMillan deceased.
They make this application for the purpose of obtaining the bounty, pay, extra pay and such other benefit as may be due to them by the Government in consideration of the services of the said James McMillan their Grandfather. John H. Kullay
John Mr.  X  Fullage unk
ann. gullage
John W Wilson
Dear Rachael & Katherine
James L. Thompson
Mayhew & Thompson
General + Treasurer 1882-83
Sworn to and subscribed before me and having no interest in the said Claim or its prosecution. H. C. Morgan Magistrate
H. L. Morgan Magistrate
We have read the above application and certify on oath that so far as the heirship of deponents is concerned it is strictly true. Alexander Sinclair N o 7 Morgan mss. Alexander B will

I Samuel Thompson the husband of Isabella McMillan deceased do consent to the above application.
Before me W. J. Morgan
Samuel Thompson
The State of South Carolina
Chesterfield District } Known all men by these presents that we John Gullage Ann Gullage John Atkinson Rachel Atkinson Mary Thompson Sarah Thompson James Thompson and Samuel Thompson do nominate constitute and appoint Richard H Clarke Esqr of Washington City District of Columbia our lawful attorney for us and in our name to prosecute and collect all such claims as we may have for bounty or other pay for the service of James McMillan in the Revolutionary war from the government of the United States
Before me Apr 4 1854. H. E. Morgan Esqr (Over)
John Gullage Ann Gullage John Atkinson Rachel Atkinson

Rachael his Adkins Mary his Thompson Sarah his Thompson James his Thompson Sarah his Thompson
{ Signed before me Sept 4 1854 S. J. Morgan
South Carolina
Chesterfield District - 3 J. J. C. Craig Clerk of the Court for said district do certify that S. J. Morgan before whom the foregoing affidavits & Certificate were signed was at the time thereof an Acting Magistrate in & for said district duly appointed and qualified and that his signature there- to is genuine
Given under my hand & seal of Office this 4 th Sept. 1854
J. C. Craig CLK
Application of certain heirs of Jas. M. Williams a Revolutionary Soldier for their share of pension from the U.S. in favor of their application received not prior to their application there- fore -
Presented by Reuben H. Harkness Atty. General

State of South Carolina Charleston District
Personally appeared before me James W. Burn and made oath that he was acquainted with James McMillan & Rachel McMillan in their life time and that this deponent is a Carpenter and made the coffin of the said James McMillan Sarah McMillan and on reference to the charges from this deponent's part he finds that James McMillan died the 18 th day of August 1837 and that the widow Rachel McMillan died the 25 th of October 1844.
Sworn to before me this 20 th Feb y 1847
J. W. Burn
D. J. Harkness 6 E C D.

State of South Carolina Chancery District 3
I Danl J Hunter Comd in Equity In Chancery Dist 3 do hereby certify that I am acquainted with James W Burn and that all due faith & credit ought to be paid to his reports & affidavits
July 20 th 1847
D. J. Hunter B.E.C. &

State of South Carolina § Chesterfield District §
The declaration of James McMillan in order to obtain the benefit of the Act of Congress. 7 th June. 1832
Personally appeared in open Court before the Honorable Josiah Evans, in the Court of Common Pleas, for the said district, on the 4 th day of March Anno Domini 1834 James McMillan who being duly sworn saith that he was born in Scotland in the Kingdom of Great Britain, on the 10 th day of February, Anno Domini 1753. He came to the United States, about seven years before the destruction of the sea at Boston, whilst he was still a boy. He landed at Wilmington in the State of North Carolina, and resided in Cumberland County in that State until after the Revolutionary war had commenced. From thence he re- moved & settled near the State line in Anson County, North Carolina. Soon after this he was drafted in the Militia and was at Gates defeat near Camden under the Command of Captain James Farr. From thence he removed across the line

into Chesterfield district in the State of South Carolina where he has resided ever since. Soon after his removal into South Carolina but at what particular time he is unable now to recollect, he enlisted under Captain White as a private in Col. Peter Horry's Cavalry for the term of two years or a half, in the State Troops. He remained in the service during the whole period of his enlistment, under the Command of General Marion & was discharged at Bacon's bridge near Charleston, by a written discharge which he preserved for many years, but it was lost about 10 years ago. This discharge was placed on a bundle of land papers, which were delivered to a surveyor to locate a tract of land, then in dispute & never returned, nor has he been ever able to get possession of either his land papers or his discharge since. During the period of his enlistment as aforesaid he was at the battle of Eutaw under the Command of Marion & Horry & received a bayonet wound through the thigh. He has no record of his age; nor has he any other knowledge of it except that according to the account given him many years ago by his parents, he was eighty one years old on the 10 th of February last. He is illiterate & unable to read writing so as to distinguish one paper from another.

For that reason the whole bundle of his valuable papers was delivered to the Surveyor to select out of them such as he wanted. He has no recollec- tion of any officers of the Continental army. nor does he recollect having dined with any of them except at Entaw where General Green commanded. It is stated under In addition to his great age he has been for several years afflicted with palsy which has so impaired his memory that his recollection of dates is almost wholly destroyed. He is therefore unable to state either the time or his enlistment or the period of his discharge or the names of the subordinate officers of the Corps to which he belonged - and your Petitioner hereby relinquishes all claim 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
Sworn to in open court 4 March 1854 John Craig C.C. Clerk
James B. McMillan mark
We Joseph Ellerbe, Aaron Copeland, James Ellerbe all citizens of Muskogee District aforesaid do certify that we are well acquainted with James McMillen who has subscribed & sworn to the above declaration that we believe him to be Eighty one years of age that he is reputed & believed in his neighborhood to have been a soldier of the revolution & we concur in that opinion & we further bear witness that he has always sustained the character of an honest man & good citizen
Sworn to & subscribed the 4 March 1834
Joseph E. Hake Turner of Pound James P. Hake
John Craig P.P.O.

And the said Court do hereby delivers its opinion after the investigation of the matter spitting 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 Joseph Ellerbe, Aaron Copeland & James Ellerbe are credible persons and their statement is entitled to credit. & further that there is no clergyman residing near to the said applicant
Josiah J. Evans. pp 4 th March 1834
James Ellerbe Williams 30. 732
M rs H. McMillan Cheram
Admitted Private Clerk I Josiah J. Evans one of the Circuit Judges of the said State & the presiding Judge at the Court aforesaid. do hereby certify that I was the counsel of the for then named James McMillan in an action involving the title to land. That long before the passage of the act of 7 June 1832 . I have heard the said McMillan make the same statement as is contained in this declaration about the loss of his papers, & that I assisted him to settle the deficit of his land bills by procuring copies from the public offices; I have known the applicant many years she has always been the character of an upright man, & is believed in his neighbourhood to have been a soldier of the revolution
Josiah J. Evans
I John Craig Clerk of the said Court do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the applica- tion of James McMillan for a pension In testimony whereof I have hereunto set my hand seal of office this 5 th day of March 1834 John Craig C.C.P.

Rev WIDOW, & Co.
File No. 9539
Rachel M rs Miller
Wid.
James M rs Miller
Bent Rev. War
Act: March 3 d 1843
June 1 st 1844
Index: Vol 11 Page 21
[Arrangement of 1870.]

13,271 V Letter to Hon. A. A. Lewis
5 March 1847.
Let. to Hon. D. Wallace
April 21. '49
Let to Mr. Thompson 26/57.
Acts - 7 July - 1838

South Carolina Rachel McMillan decd. widow of James who died at the
of in the State of who was a Private of the Company commanded by Captain of the commanded by in the line for Revolution
Inscribed on the Roll of Charleston at the rate of 100 Dollars Cents per annum, to commence on the 4th day of March 1836  18 August 1837 End 4. March 1841
Certificate of Pension issued this 27 day of May 1852 and sent to
M. Thompson Arrears to the 4th of Semi-annual allowance ending Next.
{ Revolutionary Claim, } Act July 7, 1838. }
Recorded by R. M. Mac Clerk. Book 2 Vol. 1 Page 309

South Carolina Chesterfield District } A.D. 1857
Personally appeared Sarah Percy's daughter of James and Rachel McMillian late revolutionary pensioner of the United States of Chesterfield District South Carolina deceased on oath declared in addition to her former Statements in relation to Rachel McMillian Claim of pension 7 th day July 1847 that she has been informed and believes that her father and mother the above named James and Rachel McMillian were married in Montgomery County N.C. in 1781 or 82 eighty two That her mother was robbed several times by the Tories during her father's absence in service that on one occasion all her bed clothes and wearing apparel were carried off by the Tories one of whom drew a sword and threatened to kill her if she would say a word which fact she has often heard narrated by her parents and her revolutionary soldiers and neighbors many all of which declarant very believes and that That her brothers John and James McMillian and Mary Owens her sister are all still living I sworn to and subscribed { before me this the 20 th day October } Sarah her Percy's A.D. 1857 A. Sidney Douglas } Mark Magistrate

I The said Magistrate do hereby Certify That I am well acquainted with the merits Mrs Sarah Penn's who has sworn to and subscribed the willies and to her statements is due full faith and credit Given under my hand the 28 th of Sidney Douglas Magistrate day and year above written
[Faint, mirrored text from the reverse side of the page, likely bleed-through from the original document.]

South Carolina
Chesterfield District On this 14 th day of February 1858 Before me person- ally appeared Sarah Davis a resident of said District aged 67 years who being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed 4 th July 1836 entitled an act granting half pay and pensions to certain widows That she is the daughter of Rachel McMillan widow of James McMillan Revolutionary Pensioner at the rate of one hundred dollars per annum both now deceased and would refer the deponent to the proof now on file in this case
That at the time she made the first declaration she had no Record of the marriage of her father and mother or the birth of their chil- dren and the marriage Record of Montgomery County N.C. was burnt with the Court Houses she has been informed and always un- derstood that her father performed several tours of duty in the Mili- tia after his said marriage to which she now respectfully asks the attention of the department
That she makes this declaration for the benefit of the surviving children of her said mother who have received

her pension under act of 7th July 1838 all of whom are still living
I write and subscribe this th  th day of February 1853 and that she has always under stood that her father and mother James and Rachel McMillan were married in Montgomery County N.C. Sarah P. Purvis mark H. Morgan Mays
I the said Magistrate do hereby certify that Mrs Sarah Purvis, who signed the above declaration as a lady of high & very respectable character and her statements are entitled to full credence Given under my hand this 11 th day of February 1853 H. Morgan Mays
South Carolina
Chesterfield District ss J. C. Craig Clerk of the Court for said District do certify unto all whom it may concern that H. J. Morgan before whom the foregoing declaration was made and the certificate above written was at the date thereof of an acting Magistrate in & for said district duly appointed & qualified having signed the roll kept in my office and that his signature thereto are genuine
Given under my hand & seal of Office this 15 th Feb. 1853 J. C. Craig Clk

South Carolina Chesterfield District } On this 24 th day of November 1857 Personally appeared before me W m R. Griffith Judge of the Court of ordinary for the District and State aforesaid. Sarah Pervis daughter of James & Rachel McMillan late of Chester- field District deceased aged fifty six years who being duly sworn doth on her oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed 7 th July 1838 entitled an act granting half pay and pen- sions to certain widows. also the benefit of the acts of 3 rd March 1843 and 17 th June 1844. That this declarant the aforesaid Sarah Pervis in behalf of herself and the surviving Children of the said James & Rachel McMillan deceased. States that James McMillan hus- band of Rachel McMillan was a private of Cavalry in the army of the Revolution as the Children understand and believe: and as such he served the United States against the Common enemy and was allowed a pension under the act of 7 th June 1832 at the rate of One hundred Dollars per annum that the aforesaid James McMillan was married to Rachel Chis- holme in Montgomery County North Carolina in the year One Thousand Seven hundred and eighty one or eighty two (1781 or 2) and as husband and wife they lived together until the death of James McMillan who departed this life in Chesterfield District South Carolina.

on the eighteenth day of August - one thousand eight-hundred and thirty seven (1837) and his widow the aforesaid Rachel McMillan departed this life in Chesterfield Dist South Carolina on the twenty fifth day of October one thousand eight-hundred and forty four (1844) not having intermarried after the death of her husband the aforesaid James McMillan.
This declarant further says that there is no record of the marriage or births of the children of her said parents and would refer the Department to the proof of marriage now on file.
Sworn to and subscribed before me the day and year above written.
W. R. Griffith C.C.P.
Sarah her Parris mark
And I the said W m R Griffith Judge of the Court of Ordinary for the District and State aforesaid. Which Court is a Court of Record do hereby certify that it has been shown in evidence to the satisfaction of the Court - that James McMillan named in the foregoing declaration died at his late residence in Chesterfield District South Carolina on the eighteenth day of August - one thousand eight-hundred and thirty seven (1837) and that his widow Rachel McMillan died in said District on the twenty fifth day of October one thousand eight-hundred and forty four (1844) leaving the following children her surviving viz Sarah Parris, Mary Lewis, John McMillan

and James McMillan who are still living, and are her only surviving Children and all of lawful age. And that diligent search and inquiry has been made for the pension Certificate of the said James McMillan without effect. And I further Certify that the declarant - Sarah Perris is a lady to whose statements full faith and credit are due
In testimony whereof I have here- unto affixed my Seal of Office and subscribed my name at Chesterfield Court House on the day and year above written, in open Court - W. W. Griffith A.C.P.

13271
Rachel McMillan
dec d
S. 6.
Act 7 July '38

The State of South Carolina Chesterfield District
Personally appeared Joseph Ellerbe who being duly sworn, on oath says he is about seven ty years of age and has all his life resided in Chesterfield District South Carolina that he was well acquainted with James McMillan said to have been a Revolutionary soldier and with Rachael McMillan wife of the said James McMillan also with the members of the family he knew Daniel McMillan the oldest son of James & Rachael McMillan ever since said Daniel was a boy of he was now living which thinks he won't be above sixty years of age Knows Mrs Sarah Pervis & Henry Owens James McMillan & John McMillan are the children of the said James McMillan & Rachael McMillan deceased.
Sworn to before me this 17 th Feb 1847 D. J. Hamilton B.C.D.
Joseph Ellerbe
State of South Carolina
Chesterfield District } Personally appeared before me Elizabeth Ellerbe who being duly sworn says that she was well acquainted with James McMillan who was said to be a Revolutionary soldier and his wife Rachael McMillan, both now deceased. That witness knew Daniel McMillan the oldest son of James & Rachael McMillan when a boy having gone to school with him in early life. Of said Daniel McMillan was now living which thinks he won't be sixty one years of age. Sarah Pervis, Henry Owens, John McMillan & James McMillan are the surviving children of the said James & Rachael McMillan. Elizabeth H. Ellerbe Sworn to before me this 17 th Feb 1847 D. J. Hamilton B.C.D.

I David J. Harlan Commissioner in Equity for the District do hereby certify that I am acquainted with Joseph Ellerbe and Elizabeth J. Ellerbe and that due faith and credit is due & ought to be paid to their assertions and affidavits
July 20 th 1847
D. J. Harlan C.E.C.D.

The State of South Carolina } Chesterfield District. }
Personally appeared John Geer who being duly sworn on oath says he is seventy five years of age past- and has all his life resided in Chesterfield District- South Carolina and that he was intimately and personally acquainted with James McMillian a revolutionary pensioner of the United States and also with Rachel wife of the said James McMillian and knew all their children.
Deponent was raised four miles distant from the said James & Rachel McMillian and has known them from his first recollection and often visited their family from the time he the deponent was a small boy say eight or nine years old, and will recollect that they had two or three children at that time the oldest of whom was called Daniel and that the said Daniel if now living would be sixty eight or seventy years of age.
The Deponent was always understood and believed that the said James & Rachel McMillian were married before the close of the war and has often heard the said Rachel telling of being robbed by the Tories during of her husband's absence in service.

That they pulled the bed clothes from under two of her children whilst a drawn sword was over her own head threatening to split her down for interfering to prevent the robbery and that he has also understood that they had two or three older children than Daniel who died in infancy That the above statement was the common talk of the neighborhood when deponent can first recollect as well as since and has never been disputed all of which the deponent verily believes
John Gress
Sworn to and subscribed before me this the 18 th Oct 1857
A. Sidney Douglas. Magistrate
South Carolina } J. C. Craig Clerk of the Court for said Chesterfield District } District do hereby certify unto all whom it may concern that A Sidney Douglas whose names appears to the foregoing affidavits was at the dates thereof an acting Magistrate in and for said District duly appointed & qualified and that the foregoing signatures purporting to be his are genuine I further certify that the foregoing witnesses are persons of the highest respectability
Given under my hand Seal of Office at Chesterfield Court House this 20 th day of October A.D. 1857
J. C. Craig. Clerk

South Carolina Chesterfield District }
Personally appeared John Pervis a resident of Chesterfield District age sixty nine years past who being duly sworn says that he was intimately and personally acquainted with James McMillian a revolutionary pensioner of the United States at the rate of one hundred dollars per annum and also with his wife Rachel and their family applicants for a pension now due the said Rachel the wife and widow of the said James McMillian from the time her deponent was ten years old and was the school mate of Daniel McMillian son of the above named and is fully satisfied that the said Daniel and himself were about the same age and always understood that the above named parties had two children older than the said Daniel one of them said marriage who died in infancy Deponent has always understood and believes that the said James & Rachel McMillian were married before the close of the war and has often heard the said Rachel McMillian say she was robbed by the Tories two or three times after they were married that on one occasion they pulled the bed clothes

from under two of her infant children and when she attempted to prevent the robbery and officer drew a sword and threatened to split her down that these statements were corroborated by others who knew the facts and have never been doubted
John Pervis
Sworn to and subscribed before me this the 20 th day of October 1857
A. Sidney Douglas Magistrate
I the said Magistrate do hereby certify that I am well acquainted with John Greer and John Pervis who have sworn to and subscribed the above affidavits before me they are highly credible persons of said district and to their statements full faith and credit is due
Given under my hand the day above written and I do further certify that they are the age they represent themselves to be
A. Sidney Douglas Magistrate

Unionville S.C. April 1 st 1849
Sir
I am requested to make inquiry as to the State of the claim to a Pension of Rachael McMillen, widow of James McMillen of Chesterfield District S.C.
The claim in this case was presented by Genl Blakeney of Cheraw S.C. James McMillen was a Pensioner of the United States for Revolutionary Services at $100 per Year — Will you have the kindness to Report this case to me at your earliest convenience
I have the honor to be Your Obedt Servt D. Wallace
Wm L Canaday

Washington City 4 th 1852
Hon. Jas. E. Heath Commissioner of Pensions
Sir
In the case of Rachel McMillan Widow of James McMil- -lan. Who (the latter) was a pensioner at $100.- per annum on the South Carolina Roll. I herewith inclose the original papers which were forwarded for further authentication, also a declaration of recent date, together with import- -ant additional evidence. (if it had been wanted) thus bringing the claim within the rules and regulations of your department, as adverted to in your official letter of 26 th

Apr. 1857.
The claim having been long delayed, and long pending in your office, your action thereon, as early as prac- ticable, will very greatly oblige the parties interested.
I have the honor to be Most Respectfully Your obedt. Servt. A. Thompson

th Washington September 25. 1851
Hon James C. Heath
Sir
James
McC' William, of South Carolina, who received $100.- per annum under act of 7 th June 1832, died 18 th August 1837. "leaving a widow whose marriage took place before the first day of January 1794," as shown by the testimony of Sarah Pervis, Joseph Ellerbe, Elizabeth Ellerbe & J. H. Burns, but on what precise day, or date, prior to 1 st day of January 1794, they are unable to say, from memory, or from loss of memory; nor is it material under acts of 7 th July 1838, 3 rd March 1843, & 17 th June 1844, to know on what particular day or date, the marriage did occur, provided you are satisfied that the "marriage took place before the first day of January 1794," which is the language of the act. It need not be said that your rules & regulations require the very day

date of the marriage to be distinctly set forth; I repeat, that is not the language of the law, nor can it be made any part of it. It is an arbitrary rule of the Department, and if adhered to, would in this case, operate injustice, defeat the plain and obvious intent and spirit of the law, and defeat a legal, meritorious, and just claim.
I beg leave herewith to refer you to the letter of A. S. Wallace Esq. of South Carolina, a gentleman of very high character, showing that record evidence cannot be deduced, because the records of the court in North Carolina where the marriage took place, have been burned. The absence of primary evidence being thus satisfactorily accounted for, secondary evidence, such as is offered in this case, is admissable in law and in right reason.
Those who have testified in the case are shown to be of respectable character and entitled to belief. They state the circumstances which enable them to know that the marriage took place long before 1794 , to wit about 1781.

or 1782.
Here, then, are three or four disinterested, respectable witnesses, testifying that the marriage took place from ten to fourteen years before 1794. They can not reasonably or possibly be mistaken upon a point of time embracing a period of ten or fifteen years, and that too with regard to events which occurred at a period of life, when all know that events, especially those of marriage &c. make the most vivid and lasting impressions upon the mind. I think it may be truly said that if there is any event, the period of which the memory clings to with more tenacity, and which it is last to surrender up, it is that of our own, and the marriage of our youthful associates and boon companions.
The witnesses advert to certain data, res gestae , to the known and unerring events and circumstances of the times, which enable them to know, as they do, that the marriage took place ten or fourteen years before 1794.
The law does not require you to know more; - more is unnecessary for you to know. You may say these witnesses were probably mistaken, from

the fact that they are unable to state the precise day or date upon which the marriage took place. They swear positively, that they are not mistaken.
Will you persist in the assumption that they are mistaken and that they have sworn falsely and been guilty of perjury and that too in a matter in which they can have no real or imaginary interest or motive to misrepresent, or exaggerate, in the smallest degree?
If they had said the marriage took place but a short time before 1794, or that it took place about 1792 or 3 you would even then be scarcely warranted in rejecting their testimony, for I think in such cases the claimant should be entitled to the benefit of reasonable doubts.
It is a grave imputation to suppose that respectable, disinterested, unimpeached and unimpeachable witnesses have sworn falsely, and unless you can come to the conclusion that the witnesses in this case have sworn falsely, this claim must be admitted.
If these same witnesses had testified that the marriage took place in the year 1794 or

1795, you, I am sure, would not hesitate to believe them, and to reject the claim accordingly, and you would do right. But when they swear to ten or fourteen years on the other side, are they entitled to less credence?
To all intents and purposes these witnesses are as disinterested towards the claimant, as they are towards the government; you would consider them good witnesses for the government, but not equally entitled to belief, when their testimony operates to take a few hundred dollars from the public treasury under a law of Congress. "It is a bad rule that does not work both ways."
It is an old maxim, that "men may lie, but facts and circumstances cannot." The witnesses in this case swear from memory, and from facts and circumstances within their knowledge, that the marriage took place "long before 1794."
If they have sworn the truth, and nothing but the truth, this claim must be admitted.
Are you prepared by the rejection of this claim, to say they have sworn falsely? This is

6 the complexion to which it comes at last, disguise it as you may. I take your true position in this matter to be that of an umpire or impartial judge between the government and the claimant, and is it incumbent on you to step aside from your high position, take sides with the government, throw your mere presumptions in the scale, and by the exercise of a right, conferred by might, and not right, or reason, and make justice kick the beam?
I trust the time has not yet arrived when mere presumptions, unsupported by reason or rational inference, are to outweigh solemn oath, corroborated by known facts and circumstances. These
witnesses testify from memory, supported by given data, that the marriage took place about the year 1780, 1 or 2, a fact which tends to strengthen, rather than weaken their testimony; for had they testified with perfect accuracy as to dates, under the circumstances, suspicion might be entertained that it was a made up case, if suspicion could attach to the testimony of persons

7 of the very high character which these witnesses are shown to be.
By reference to A. S. Wallace's letter, it appears from the evidence, that the marriage took place before the expiration of James McMillan's last term of service, but the burning of the records rendering it impossible to state the precise date of the marriage, it was deemed sufficient to claim under act of 1838, and to show, as they have done, that the marriage took place "long before 1794." But for the burning of the records, record evidence would have been deduced, showing that the marriage took place before the expiration of his last term of service.
When three or four witnesses come forward and swear with a circumstantiality of detail, it certainly does not behoove you in a proper discharge of your official duties, to impute to them false swearing, whether knowingly, or wilfully, or otherwise.
Were you a witness in their situation, I am sure you would expect to be believed.
According to the common law and equity

8 rules of evidence, the testimony of any one of these three or four witnesses would be sufficient.
At common law and equity, the testimony of a single witness is sufficient to establish any given fact. Persons are constantly being convicted of every description of crime and misde- =meanor, upon a far less weight of circumstantial evidence than there is in this case. Persons are constantly being condemned, executed, and impris- =oned for life, upon a far less weight of evidence than you will find on file in this case.
But I have trespassed too long on your time and attention — The case is too plain to require any reasoning or argument of mine. Upon a re- full, fair and searching examination of the evidence on file, I am sure you cannot resist the conclusion, that this is a legal and valid claim.
I have the honor to be Most Respectfully Your Obedt. Servt.
H. Thompson

James C. Heath
Sept 26, 1894
of the the case
Handwritten cursive text, possibly bleed-through from the reverse side of the page. The text is mirrored and difficult to read, but appears to include the word "The" and other cursive characters.
[Faint, mirrored handwritten text, likely bleed-through from the reverse side of the page. The text is mostly illegible due to the orientation and fading.]

Pension Office Septm 26 th 1857.
Sir.
In accordance with your request the papers in the case of Rachel McMillan have been examined and are herewith returned to you for proper authentication. The enclosed blank regulations will shew you the proper course of proceeding under the Act of July 7. 1838. You will perceive that the Declaration should be made in open Court before a Court of Record, except in case of severe bodily infirmity when it may be made out of Court before a Judge, who shall certify the fact of disability. The papers should be authenticated under the seal of the Court. There is no evidence in this office to shew that a Commissioner in Equity is a Judicial officer or that if so he presided over a Court of Record. The Certificate of the Clerk of the County in which the marriage took place should be produced shewing that, as alleged, the record of marriages has been destroyed by fire. The deaths of the parents and the dates thereof with the names of the Children who survived them should be certified under the seal of a Court of Record. When put into proper form the proof of the marriage will be satisfactory.

respectfully Yr obed Servt J. Heath Comm of Pensions
Mr Thompson Esq Washington D.C.
✓

Washington Feby. 4. 1852 Hon. Jas. E. Heath Sir
The foregoing is your Official letter referred to in my letter to you of the  10th today, transmitting papers in the case of Rachel W. Millan of So. Car. & which was acci- dentally omitted.
I have the honor to be yours &c A. Chapman

Rachael McMillan dec d Widow of James Co. P.
Act 7 July 1838 etc.
$100 per Ann from the 18 Augt 1837 when her hus- -band died, to the 25 Oct 1844, the date of her death (except 2 years.)
Payable to Sarah Pevis, Mary Owens John McMillan & James McMillan only surviving children
M. Thompson, Present,
11 33 1/4
See
Pension Office, May 27. 1852.

Brief in the case of Rachael McMillan, widow of James, County and State of South Carolina acts 7 July '38 & 46.
Claim, ("original," or " for increase ")
Proof exhibited, (if original.)
Is it documentary, traditional, or supported by rolls? If either, state the substance.
Husband was a pensioner, Evidence of marriage, parents and ages of children.
(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
Name and residence of Agent
M. Thompson, Present,
Kirby
Examining Clerk.

Washington Mar. 2 nd 1853 Hon. Jas. E. Heath Commr. of Pensions Sir
I herewith inclose evidence to bring the case of Rachel McMillan, now of James, of South Carolina, under act of 4 th July 1836. I have the honor to be the
M. Thompson Atty. for McMillan

Rachel McMillan very claim
July 16 1837
Mr Cate
E. M. McMillan

House Reps 31 st Decr 1850 Honble Asa E. Wrath Commr of Pensions }
Sir
I am requested to call up a claim for a pension, of Rachel McMillan, widow of James McMillan, of South Carolina,
You will please report the claim to Col. M. Thompson as early as may comport with your convenience Yours Oht Servt H. M. Steele

Rachel McClellan 86 - Nov 18
Mr Cole
Will please
see into this
Aug 23 1837
Col Thompson

Washington Aug. 22. 1857
Sir
In the early part of the last session of Congress, the Hon. John A. M c Queen of South Carolina, was requested by one of his constituents, Mrs. Rachel M c Millan , Widow of James M c Millan of the revolutionary War, to cause an examination of the papers to be made in her case. He (M c Queen) accordingly addr

esset you a letter at the period above stated, requesting you to allow me to examine the papers on file in said case, inclosing, (I believe) his at the same time, his auth- ority to act in the premises -res. The letter above described was written in my presence, & by me placed in the congressional post office at the capital, at the period above stated, but I have not since heard from it, nor have I yet been able to obtain an examination

of the aforesaid papers. Notwithstanding my repeated applications for that purpose.
Under these circumstances, I trust that you will, as an act of justice to Mrs. McMillan, whose rights have been thus long delayed, without any fault on her part or those acting for her, allow me to examine the said papers as early as practicable.
I have the honor to be
Most respectfully Your ob d . Serv t .
To Hon. E. Heath 3 Ch. Thompson

Yorkville S.C. - 15th Sept 1851.
Dear Sir
Yours in relation to the Claim of Rachel McMillan of the 27 Aug last is before me and in reply to the decision of the Commission of Pensions in the claim in relation to the marriage by a fair construction of the the testimony in relation to the marriage it is conclusively proven by tradition and personal knowledge founded on records of the witnesses own age which records is certified by the Magistrate that the marriage took place long before 1794 to wit in 81 or 82 she left the declaration 178-
James McMillan done some three months service after his marriage in the South Car- olina Militia which is an  Record but as they were married in Montgomery County N.C. and had since and Court House of Montgomery being burnt some years back with all the Records

and the family had no record of the marriage or births of the children I thought it best to not claim under act of 4 th July 1836 and offered the proof now on file to bring the claim under act of 7 th July 1836,
I wish you would have the claim reexamined it would save me much trouble &c. The clerk of the court of Montgomery county will certi- fy the records of that district was burnt
I sent you two hun- dred and fifty dollars which I suppose is safe to hand at this time.
If you have not got out old Mrs. M. D. Macleans claim push it by all means
The balance of the claims of Gladya and Clarke will soon be sent you
Let me hear from you soon — Sincerely your friend A. S. Maccan Col. B. Thompson,

To the April 23. 1834 Pension Office
South Carolina April 24. 1834.
Henry
U
for the reason and bitter loss - most of my is helped to new enterprise in the the pension act of 1825 - most were gratuitous of government - where military service close the 25

Sir
Enclosed I send you the De- claration of James M c Millan, under the Pension Act of 1832 - And will be happy to hear whether it is in the proper form & what, if any thing else be necessary
Yours William H. Ross
17. April 1834 Cheraw S c Carolina

Washington Sept. 9th 1854.
Hon. C. P. Waldo, Commissioner of Pensions
Sir:
You will please find enclosed the application of John and Ann Gallagher, John and Rachel Atkinson, Mary, Sarah, James and Samuel Thompson grandchildren of Jas. McMillan, a Revolutionary Soldier, a portion of whose heirs applied for and received a pension for his services, without joining in their application, the present applicants. These now come in as entitled by law and claim the share to which they are entitled by right of their mother Isabella McMillan, married to Samuel Thompson, and now deceased. You will please give their application your attention
Very respectfully Yours
Richard H. Clarke.

BOUNTY LAND WARRANT RECORD CARD*
NAME McMillan, John GRADE Private LINE New Jersey
WARRANT NUMBER 8537 ACREAGE 100 ISSUED December 16, 1799 To Jonas Crane, assignee
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.