Revolutionary War Pension and Bounty Land Warrant Application File S 2796, for Mathias Mc Daniel, Virginia

SERVICE
NUMBER
Va.
McDaniel, Mathias
S 2796
CONTENTS
banded

1948 to 1949 West Tennessee
Mathias McLean Roberts in the State of Tennessee who was a private in the Co. C commanded by Captain Sillard of the 1st Regt commanded by Col Lucas in the line for 10 months
Inserted on the Roll of West Tennessee at the rate of 33 Dollars 33 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 17 day of Sept 1833, and Seal Springfield
Arrears to the 14th of Sept 33 $83.33 Semi-ant. allowance ending 4 Mar 34 $11.66 $94.99
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Dan Rous Clerk Book 80 Vol. 7 Page 89

2054. West
Mathias N. Daniel, of Robertson County, Ten- nessee.
from 6/80 present 10 months, $33. 33 100
Springfield
William Seal, Clk. Robertson County, Tenn. Robertson County, Tenn.

BRIEF in the case of Nathias M c Daniel , County of Robertson , in the State of Tennessee . (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? A Court.  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 83 years.  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years. Months. Days.     Drafted in 1780. About 8. Pr. Gen. Edward Stephens , Capt. Benjamin Lillard , Col. Glean , Col. Lucas and Major Harris .   Drafted 1781. About 2. Pr. Capt. Jasper Haynes .  
 5. In what battles was he engaged? None.  6. Where did he reside when he entered the service? Gulpeper County, Va.  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary.  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct. 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
W. R. Turner , Examining Clerk.

State of Tennessee Robertson County On this day it being the fourteenth day of August one thousand eight hundred & thirty two personally appeared in open court before the Justices of the County court of Robertson County now sitting — Mathias M c Daniel a resident of said County & State. aged Eighty three years the first day of March last & that he was born in Culpeper County in the State of Virginia on the first day of March 1749. old style. who being first duly sworn agreeable to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress pass d June 7 th 1832 — he states that he was drafted from Culpeper County in the State of Virginia sometime in 1780 in the year 1780. and was placed under Capt. Benjamin Lillard in a Regt commanded by Col. Glenn & Lucas & a Maj. Morris in a Brigade commanded by Genl. Edward Stephens. but after marching to to Hillsboro in N.C. was transferred from Captain Lillard's Com- =pany to Capt. Richard Gancey's company

for what reason he does not know. He states that they was march d from Hillsboro to Saulsbury in N Carolina from there to Charlott from there to Charoy hills there encamp d awhile & then returned to the Yadkin river where we was attack d by Corn Wallace but not having force sufficient to stand we crop d the river & sunk the boats & returned home & was dismiss d after a service of about Eight months. he states that he was again drafted from the same county & place d under Captain Jasper Haynes in the year 1781 some time in the fall of that year & was march d on to the Siege of York but did not arrive in time to render any assistance & was then dispatch d home with some sick Soldiers a distance of about 200 miles & being sick himself never returned to the service any more there never being any call for Militia from that Quarter. He thinks he was gone about two months this time he states that he does not know what Regt or Brigade he was attached too while at York as he stayed so short a time. he states the trip he serv d under Genl. Stephen he drew his pay from David Garrison paymaster for Guilford County.

he recollects some of the persons who served at the same time Edward Herrill commands a company in the same Regt. Captain Webber Capt. Britt all in the same Regt from Hampshire County V.A. he states that there is no person living in the state by which he can prove his services nor has he any writings to prove the same. he hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not nor ever was on the pension roll of the agency of this or any other state or territory sworn to and subscribed the day and year aforesaid in open court Mathias McDaniel Test W. Seal Clerk
State of Tennessee } We John G. Stranahan and  John Stranahan Robertson County } residing in the county of Robertson and state of aforesaid and  do hereby certify that we are well acquainted with Mathias McDaniel who has subscribed and sworn to the above declaration that we believe him to be 83 years of age that he is reputable and believed to have been a soldier of the revolution & that we concur in that opinion sworn to & subscribed the day & year aforesaid John G. Stranahan in open court J. M. McArthur Test W. Seal Clerk

no. 100
1 st Where and in year were you born The Court is referred to the Body of the Declaration - for answer to this question - Have you any record of your age - and if so where is it -
Ans I was 83 years old March the beginning of my age is in the papers and of my eldest Brother -
2 nd When have you called in a service were you drafted and you volunteer or were you a volunteer - and if a volunteer for whom -
The Court is referred again to the Body of my Declaration for an answer to this question
3 rd Where were you living when called in service where have you lived since the revolutionary war and where are you now Nov 5
The Court is referred again to the body of the declaration
4 th State the names of the same of the regular officers who were with the
troops where you served - such Continental forces and state the regiments as you can recollect - The Court is again referred to the Body of the declaration
5 th State the names of persons to whom you are known in your present neighborhood - who can testify as to your character for loyalty and their belief of your services as a soldier of the revolution -

And the Court is referred to the Certificate of John G. Stranahan & others.
That the business of the place for the County of Rabun was in which they have been working as any business in the world any war - and also they are referred to the for my character fair play integrity etc.
And the Court hereby certify before and declare that upon hearing the evidence in the matter and after finding the interrogatories prescribed by the War Department that the above named applicant was a revolutionary soldier and served as the state since the Court further certifies that it appears to them that John G. Stranahan and John Stranahan Esq. who has signed the preceding Certificate are credible persons and that their statement is entitled to credit and that they reside in the County of Rabun.
And the Court further certify that the claimant Matthias McDowell stated in his answer that the conducted practice of clergy was to certify as the law requires that there was none in this way.

Rev. Kooky one of the Luther presiding - H. Fries and the Luther presiding - A Powell one of the Luther presiding
State of Tennessee
Robertson County To all William Kent Clerk of the Court of Pleas and Quarters Sessions for the County aforesaid do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Matthias M c Daniel for a pension
In testimony whereof I have hereunto set my hand and seal. Witness my hand and seal this 16 th day of December
Mr. Dean

Rev War
2796
INVALID.
Rev
File No. 2796
Mathias M c Daniel
Port Royal Line
Act: June 7 th 32
Index:—Vol. A , Page 243
[Arrangement of 1870.]

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Mathias M c Daniel , which require further proof or explanation.
I. Does the declaration show where the applicant resides? II. Did the declarant make the declaration in the county where he resides? 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? 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? VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? VIII. Has the Court given their opinion? IX. Has the Clerk given his certificate? 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?

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? No. Two citizens. 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? 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? Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? 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? XVI. ‡ Are the papers authenticated as the regulations direct? XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
 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.

State of Tennessee Robertson County 3 Personally appeared before me William C. Conrad Custard of the peace in and for the county aforesaid Matthias M c Daniel who being first duly sworn saith that he served in the Revo- lution of the United States in the first term of duty mentioned in his original decla- ration (to which this is to be appended) not less than eight months, in the second term of service he served not less than two months and for the third term mentioned in his decla- ration he served not less than two months, this he states from the best of his recollection not being able from the consequent loss of memory & extreme old age to swear posi- tively to the precise length of his service He also states that as a reason for not procur- ing the affidavit and certificate of a clergyman that he is not intimately acquainted with any Clergyman except that of Parson Covington with whom he is personally & intimately ac- quainted & resides in his neighbourhood to whom he made application in it living at the distance of about twenty miles & he having no means least to ride, & being an aged corpulent man unable to walk and this applicant not in a circumstance able to assist him Sworn to & subscribed before me this 3 rd July 1833 Dist. W m C. CONRAD his Matthias M c Daniel mark.

State of Tennessee Robertson County 3 d I William Seal Clerk of the Court of Pleas and Quarter Sessions for the County aforesaid do hereby certify that William McDaniel Esq. whose name subscribed to the foregoing affidavit of Matthias McDaniel is a Justice of the peace in and for the County aforesaid duly commissioned and qualified as such at that full faith & credit is and ought to be due to his attestation, as such and that his signature thereto is genuine
In Testimony whereof I have hereunto set my hand and affixed the Seal of said Court at office in Springfield this 3 rd day of July 1833 W. Seal