Revolutionary War Pension and Bounty Land Warrant Application File S. 30577, for John Mc Queen, North Carolina

SERVICE
NUMBER
nl
McQueen, John of McQuin,
S 30577
CONTENTS

33.35 21.
Kentucky John M c Queen, or M c Quinn, dec d .
of _____ in the State of who was a Private in the _____ commanded by Captain North of the _____ commanded by Col o Cleveland in the R e volution, line for 8 1/2 months
Inscribed on the Roll of _____ Louisville, at the rate of 28. Dollars 49. Cents per annum, to commence on the 4th day of March, 1831, and end 14 th February 1855.
Certificate of Pension issued the 3 d day of July 1856 and sent to
Arrears to the 4th of M c M c Fullerton Semi-annual allowance ending Proctor "Ref:"
Act d June 1832 Recorded Book
Let. I. ch. Pensions Oct. 28/56 Same, Feb y 18, 1857, Same May 9, 1857 W m Fullerton " " " Same Jan y 9, 1857- Same Aug y 18/57

As children and heirs of John McQueen Sr, deceased we have this day employed John M. Price as our attorney in Frainie Ky to inquire at the Pension office in Washington City D.C. and ascertain the amount of Pension that was allowed to said John McQueen Sr, deceased, and also to make any further inquiries or investigations in the premises for the purposes of aforesaid at the said Pension office or elsewhere, and we hereby agree to ratify whatever he may do in the said premises. Given under our hands this 14 th January 1857.
Attest Thos H. Carson Chase Estile County Court
Polly the Embree Nancy mother of M c Queen mother

Order of the Estill county court In the lease of John Mc Queen of Estill co Ky
Revolutionary claim under act of the 7 th June 1832
William Mc Queen Administrator
John Mc Queen or Queen Ky - Jan 1832

Personally appeared before the undersigned Justice of the peace of Estill county William McQueen and after being duly sworn according to law states that his father John McQueen, or McQueen of this county, was an applicant for a pension under the act 7 th of June 1832 8 died in this county on the 14 th day 1855, and left the following children only to wit, Edda McQueen, Lucy McQueen Thomas McQueen, Samuel McQueen Ebba McQueen, Nancy McQueen, Hannah McQueen, William McQueen, John McQueen, Polly McQueen, Sally McQueen Betsy McQueen, and Annie McQueen That that they are all over 21 years of age and that he, William McQueen has been appointed the administrator of his father John by the request of the remaining heirs This 19 th Feb 1855 - That his father left not
his widow Sworn to and subscribed William McQueen this 19 th Feb 1855 - mark Administrator Nancy McQueen Estill co Ky 3 set Sampson Walters, J. P., C.B.
I Thomas Wilson clerk of the county Court of said county, at a court held in Irvine on this 19 th Feb 1855, do hereby certify that satisfactory evidence has been exhibited to said court that John McQueen of said county, was an applicant for a pension under the act of the 7 th June 1832, and that he died in this county on the 14 th day of February 1855, and left the following

Children to wit, Eda McLean, Dicy McLean Thomas McLean, Samuel McLean, Abbie McLean, Nancy McLean, Hannah McLean, William McLean John McLean, Polly McLean, Sally McLean, Betsy McLean and Adna McLean, and that said William McLean, has been appointed the admin- istrator of said John his father, and in strict accordance with the law in regard to the administrations of deceased persons, and filed a bond with approved security, all of which is now of record in this office and said John left no widow -
And I further certify that I certify that the foregoing affidavit was made and whose signature appears thereto is a Justice of the peace of said county, duly commissioned and sworn, and all his official acts as such are entitled to full faith and credit
In testimony whereof I have hereunto affixed my official seal at Irvine this 19 Feb 1858.
Thos H Carson Clerk of the Estill County Court

State of Kentucky Estill County, Set
On the 17 th day of July eighteen hundred and fifty four personally appeared before the undersigned Probate Judge of Estill county, John McQueen, sometimes called McQuinn a resident of said county, and aged 93 years, and being first sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of an act of Congress passed the 7 th June 1832
That he entered the service of the United States under the following officers, and served as herein stated. That he volunteered to serve 12 months under Col. Cleveland and Capt. North, and he states he served part of his time under Col. Cleveland, and part of his time under General John Sirr x and Capt. Robson. That he entered the service about Christmas 1779 or a few days after Christmas which that would make it perhaps in the beginning of 1780. That he was actually in the service performing military duty 13 months. That he was when he entered the service a resident of what was then called (about that time) Squabble State, North Carolina and that part of territory embraced between Henderson's and Dixon's line, that he don't recollect the county. That after he first entered the service he was detached by Col. Cleveland together with others to occupy and defend the old Fort, or Block House, afterwards called Fort Shelby, and that he remained there until the news reached that General Gates had been defeated at Camden, and he thinks that battle was fought in August previous to the battle of Kingsmountain, and the news was also that strong preparations were being made by the British to push their operations for the South, and it was upon the receipt of this news that both old and young was called into the service. That he then took his place in his company under General Sirr x for the express object of meeting Ferguson some where. That he was in the battle of Kingsmountain which was fought in October 1780, and as well as he now recollects, the commanding officers present, upon the part of the Americans, were, (over)
x but the most of his time under Gen. Sirr x

col. Cleveland, Capt Sartin Cleveland, General Lewis, Capt North, General Selby or Shelby, col. Martin, Capt Elliot and Capt Lewis, while Ferguson commanded the British forces, and was totally defeated, That there was a woman who Ferguson had been keeping, who had left the British army and had come with news to capt Lewis, and she told him, that Ferguson could be known, by him using his sword in his left hand as he had been wounded previously in the right, and capt Lewis communicated this to col. Cleveland, and after the battle commenced he pointed out Ferguson and selected 8 or 9 of his best riflemen, and told them he had to kill, and there was 6 or 7 bullet holes through him after the battle, and after the battle col. Cleveland commenced hanging and killing the Tories, but by the intervention of the other officers such a course was stopped. That he went out of the service as a soldier 3 or 4 weeks, after this battle, or he did not render no service of this kind afterwards, but he was again ordered back to the fort, for the purpose of defending it, and those in it from the enemy and he remained there off and on until in November, or about the first of December 1783, and as peace was then finally ratified he was discharged, or discharged. That he don't know whether he was discharged finally from the army after the battle or not, but he was to receive pay for his services while in the fort, but he states he did not get all that he was entitled to, that is, for the time he remained in the fort the last time he got a portion of it. He can't say whether he ever had a written discharge, or not. That there was in the fort the following families, Eatons, Brashes, Leombs, Hackers, Mellins, and Fields etc. That his name is as handed down to him, is Mc Queen, instead of Mc Queen, and never was it changed, or spelled Mc Queen until he came to Kentucky, and he found in Ky. the Mc Queen and Quinn's, and he states that if his name is found on the Pay Register, or muster Rolls at Raleigh etc, it will be found Mc Queen. That he always has been a hunter, at least for a great many years after peace was made living pretty much from the woods and therefore has but little chance to know anything about business until of late years, though it has often been mentioned to him and has had several promises by Agents, but they most severally failed and he always lived very much out of the way.

That he don't know of no person now living that he could prove his services by. If Samuel Brasfield, John Fields, or John Burgesy, were living he could prove it, but they are all dead. or by John Haskins of Perry Co Ky, in part That he has had a record of his age and family, but it is destroyed or mislaid, and that he married Polly Allendell and had by her 13 children, and she is dead. That he came to Ky, 1794 and has remained here ever since, and born the 22nd August 1761. That relies on the muster rolls of the Pay Register at Raleigh N.C. to establish his services
That he hereby renounces every claim whatever 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 except that of the Agency of the State of North Carolina
his John + McQueen mark
State of Kentucky, Estill Co set
This 19 th day of July 1854 I Abner W Quinn Probate Judge of Estill county do hereby certify that the above named John McQueen, (sometimes called John Quinn) made oath to the above declaration and made his mark to the same, and that he further certifies that he examined the said McQueen thoroughly in regard to his services, and all the particulars connected with it, and having read carefully the declaration over to him; he has therefor ordered the following order to be spread. To wit That the Probate court is of an opinion after a careful examination of the applicant in regard to his claim and its personal acquaintance with the applicant in regard to his claim, - that he was a soldier in the Revolutionary war, and served as he states, and that such is, and has been his reputation, and that there can be no doubt as to his age fixed in his declaration, and that the applicant has been called Quinn, McQueen, and Mc Queen, but better known by McQueen
This 17 th day July 1854
A W Quinn J.P.
Commonwealth of Kentucky Estill County set J H Carson Clerk of the County Court

do certify that Abner W. Irwin whose genuine signature appears to the foregoing affidavit is and was at the date thereof the acting Judge of the Estill County Court duly Commissioned and qualified as such and that all his official acts are entitled to full faith & Credit as such
Given under my hand and the Seal of said Court attached at Irvine this 17 th July 1854
J. H. Harrison Clerk Estill County Court
38811
John McQueen —
under the act —
7 th of June 1837 —
Estill County —
Kentucky —

Estelle County State of Kentucky. set
This 18 th day of September 1854 John McQueen as McQueen personally appears in open court and at a previous term of this court had papers prepared for a pension under the act of June the 7 th 1832. upon motion of his counsel, he has underwent a full and complete investigation in every particular relating to his services as stated in his declaration herewith filed, and the court has put the following interrogatories. Where were you born and what year. Answer. I was born on the 22 nd August 1761 and in the State of Virginia. Have you any record of your age. Have had but it is now misplaced or lost. Where were you living when you was called into the service, where have you lived since the revolutionary war? When I entered the service I lived not far from Jonesborough Tennessee, or where it now stands. It was then North Carolina, and don't recollect the county about that time it was called Sprabble State , and I have lived since 1794 in Kentucky. Some of my time in Clay county, Madison, Laurel, Jessy and Estell. State the names of the officers either of the regular or militia service. I had but little chance to know much about the regular service, but he was acquainted with Mike Harrison col of the Dragoons. — I volunteered under col. Cleveland, serv'd under Capt North, Robson, and afterwards under General Lewis, and I was well acquainted with, Col Lacy of South Carolina, Campbell, Cleveland, Shelby, Lewis, Williams, Brandy Capt David, Vincens, Sartin, Cleveland, North, Col Martin, Elliot, that he was mostly confined to the fort for its defence, but was in the battle of Kings mountain and saw General Ferguson after he was killed, and the battle was over. All the officers I have mentioned was in the battle of Kings mountain. What have you not

applied sooner for a pension. For a great many years after I came to Kentucky I engaged in hunting, hunting in the winter season, and in the summer I dug for ginseng. There was a small quantity of Buffalo, and some Elk when I first came. I loved this kind of a life, and in this way I got my living, living pretty generally in the back woods, and until of late years heard but little said about pensions, but since I have been made acquainted with the pension laws. I have made repeated applications to Agents to attend to my claim, but always failed, and always have been poor, and sometimes very poor. Did you ever get a discharge, and if so what has become of it. If I ever received a discharge I don't now recollect it, and if I did I could not read it. I was dismissed, or verbally discharged and was paid 2 or 3, times, however it might of been more, but in specie, as the Continental money towards the close of the war proved to be worthless.
The court after having persons sworn and examined in relation to the general reputation of the applicant, and that of the most reliable persons, and characters, and from other proof, and from its own personal knowledge of the applicant; declares that the applicant has had for a great many years a general reputation of a Revolutionary Soldier, as such is now his reputation, and that the interrogatories as above were put, and the answers to them written accordingly, and that said court could have no feeling only what is usually before it, having no interest, nor connected by marriage, or blood to him -
This order is therefore ordered to be certified, and Spencer.
Commonwealth of Kentucky Estill County
Attest J Thomas Harrow

Clerk of the County Court for the County aforesaid certify that the foregoing contains the original proceed- ings of the Estill County Court in the matter of the application of John McQueen for a pene- sion
Given under my hand and the seal of said Court attached at Irvine this 18 th September 1832
Thos H. Carson Clerk of Estill County Court

Affidavit of Henry Plowman In the cause John Mc. Queen plaintiff under the act 7 th June 1832
(Estelle county Ky.)
Attorney for
Plaintiff Will Fulham Proctor Dudley Co. Ky.

State of Kentucky, Estill county set
On this 21 st day of May 1856 personally appeared before the undersigned a Justice of the peace of Estill county Henry Plowman and made oath in due form of law. "I was well acquainted with John McQueen (or sometimes spelt Mc. Queen) late of this county, who was an applicant for a pension under the act 7th June 1832, resident of this county. He possessed a general reputation of a revolutionary soldier from the state of N.C. I was also, and am now well acquainted with his family. He left the following living children, to wit. Eda Mc. Queen, Dianna Mc. Queen, Thos Mc. Queen, Nancy Mc. Queen, Hannah Mc. Queen, William Mc. Queen, John Mc. Queen, Polly Mc. Queen, Sally Mc. Queen, Anna Mc. Queen; these are now living, Samuel Mc. Queen, Isabella Mc. Queen, and Elizabeth Mc. Queen are dead. 10 living, and 3 dead, making 13 children in all. That the said John Mc. Queen died in Estill county Kentucky on the 14 th day of February 1855 - and I cannot be mistaken as to the time of his death as was of so recent a date. I am now a resident of said county and am 42 years of age. I have no interest in this claim whatever, nor am I in anywise a friend to the applicant or his family. Henry Plowman
Sworn to and subscribed before me this date above, and I further certify that the above Henry Plowman is a man in good repute and creditable, and that John Mc. Queen late of this county died on the 14 th day of February 1855. Having personal knowledge of that fact.
S. Daniel J.P.E.C.
State of Kentucky Estill county set
I Thos. H. Henson clerk of the Estill county court do hereby certify that Henry Plowman  Henry Plowman appeared before whom the foregoing

affidavit was made, and whose genuine signature appears thereto, is an acting Justice of the peace of Estell county, duly commissioned and sworn, and was so at the date thereof, and that all his official acts as such is entitled to full faith and credit. I further certify that William McQueen son of the late John McQueen of this county who was an applicant for a pension under the act 7 th June 1832, has been duly appointed his administrator, having filed in this office a bond with approved security, and that he has not been superseded but is now the administrator of the deceased John McQueen.
In testimony whereof I have caused the seal of said county to be affixed at Irvin on this 23 rd day of May 1856 and have subscribed my name also. That the word I Daniel
was inserted in the last line of the foregoing page and that of Th th Clausen was erased by me having been inserted through mistake.
Thos H Coarsen C.C.C.

30 577
INVALID.
Ray
File No. 30,577
John M c Lean Rev. Rev.
Act: June 7 th 32 nd
Index:—Vol. 2 , Page 262
[Arrangement of 1870.]

Referred as re- quested to Penins. Examiner by. Mrs Tustin

W. M. Fulkerson Esq. Proctor Ansley Co. Ky.

John W. Lewis Ky - July 6 1832
Free
Col 2 L. B. Waldo Esq. (Commissioner Pensions) Washington city D.C.

Simith July 6
Free
24 Col L P Waldo Esq (Commission Pending) Washington City D.C.

Home Sept 20
To the Commissioner of Pensions Washington D. C.

19 June 33 Aug 25th
Free C.P.
John McQueen or McQueen - Ky. - ad 1832. Pension Office
to B. B. Whiting (Comm) Pensions Washington City D.C.

38.811 John M c Quinn or M c Queen.
Kentucky
W.M. Fulkerson 7 Sep
1854 - Same Sep 26 1854 -
Same Oct 3 1854 - Same
Oct 26 1854, Same Nov
27 1854 - Hon J. M. C.
Elliott Jan'y 31 1855 -
W.M. Fulkerson April
20 1855 - Same Aug 3
1855 - Same April 29
1855 - Same April 7 th
1856 - Same April 29/56
June 7 1832 -

Boston M May 30
Free C.P.
J Minot Esq. (Commissioner Pensions)
Washington City D.C.
Pension office Philip Hammond John L. Quinn

John McQueen or McQueen Ky - Jan 1832 Pioneer Office
John Fields Ky - Jan 1832
Cole
June March 194
Christian Esq. Commissioner (Pensions)
Washington City
D. Columbia
Free R. (Redwood)

Proctor K Apr 24
File Sec In.
Mr Thompson (Secretary of the Interior) Washington City D.C.
Frackerson's letter } of Appeal }
John Queen or Gale Dec 24 1832
Pension Department

✓ Morie Ky Sept 20
John M c Queen Ky Nov 1882
Pension } office } }
Free
L. P. Waldo C. P. Morris
Washington city
D. Columbia

Nathan Lidd 217626 Inad ap 19/84
Rainey Evans 217622 Instm ap 19/86
Dom Dougherty 217624 July 15/56 - 32 8/7 - 160
Daily Gentry 217625 3 rd and Aug 21/80
Jane Harris 238908
W. M. M. answered
John M c Queen, or M c Queen
Rec d Pension 418 L military land ap. 1832
Ag-1832
My Dep
Jr
After your reply please refer to Pension Dept for further reply A.G.F.
John M c Queen
Livingston

Inverness, Ky Sept 1
Force
L. P. Waldo, C. P. Commissioner of Pensions Washington City.
D Columbia
Pension 3 Office 3

Cleveland Ky Apr 11
May 200 1852
Col
Free Pension J Minat
J Minat Esq. (Commissioner Pensions)
Washington City D.C.
Pension } Officer } 3 }
Abraham Cheek
Mr. Queen

Ermine Ky Nov 17
Free
John Fields
Ky - Mrs - 32
John Bell & Queen
Ky - Mrs 32
L. P. Waldo (C Pensions)
Washington city
D. Columbia
Pension Office
32

Procterly Aug 28 Office
[Large stylized signature]
L. P. Waldo (Comm Pensions)
Washington city
D. Columbia
John McLean Ky - Original
Pension office 3 3 3

John M c Queen dec d , application for pension under Act of June 7/32, filed from Kentucky by W m M c Faulkerson, and recently reported, allowed for $28.42.
Dickinson
July 28/50

Kentucky Roll.
John Mc Queen, alias Mr Quinn, who was a priest North Carolina Transp.
Ad Ad June 7, 1832, 8 1/2 months private, $28.48 3/4 per Annum
Ca March 4, 1831. End Feb 14, 1855, when he died
To William Mc Queen, Ad, son of Col. Mc Queen, Dicy Mc Queen, 2 Thomas Mc Queen, 3 James Mc Queen, 4 Ebba Mc Queen, 5 Mary Mc Queen, 6 Hannah Mc Queen, 7 William Mc Queen, 8 John Mc Queen, 9 Polly Mc Queen Sally Mc Queen (over)

Betsy McQueen, Anna McQueen, and Samuel McQueen, vs children &c
Proof exhibited, (if original.)
Is it documentary, traditional, or supported by rolls? If either, state the substance.
(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
W. M. Fullerson, Proctor, Owensboro Ky.

Third Audit in Open Feb 17/57
Sir
John M Queen, Oct 1832, at $28. 49 / 100 Ky. roll appears to have been paid in full to the day of his death
Genl C Whiting Esq
Comm d of Pensions
Very Resp d
Wm F Simms
Auditor

Pen Off. Feby 17 1857
Sir,
Please state whether the arrears of pension due John de Queen of Ky under the Act of 1832, at $28.49 a year, have been paid,
R. J. Atkinson Esq
I am Sir
Respectfully
W. C. Clegg
Chf Clerk
W. J. Clegg

Irvine Estill Co. Ky.
March 16 th 1857.
L. P. Waldo. Esq.
Dear Sir:
I am re- quested by the parties interested to address to you a note of inquiry as follows:— A pension was allow- =ed, in July last, to John McQueen Sr. deceased for about 24 years at the rate of $28.49 per annum, and the certificate issued to said McQueen's heirs, and sent to W m M c Fulkerson of Proctor Ky. the agent who filed the testimony. In settling with the heirs Fulkerson retained 20 per cent (about $135.00) which he says he paid an agent in Washington City to assist him in prosecuting the aforesaid Pension claim of John McQueen. He says you or

J. Minot was the agent. I am requested to write to you and Mr. Minot whether or not such was the case, and if so to give me all the particulars relative to the premises immediately.
Please answer this as above in- dicted at your earliest conve- nience, and oblige many that are interested. Truly Yours
John M. Price

Procter Dowsley county 1/3 31 st Jan 34
Sir I have understood that some agent in Estill County with some one in Washington City has been endeavoring to take the case of my Father out of the hands of Mr W M Fulkerson, if so, it is contrary to my wish or knowledge, and of which I have had nothing to do with; I gave to Fulkerson a power of Attorney which has not been revoked. I desire all Communications to be sent to him as directed in the power of Attorney. I am your Obedient Servant
Attn. Daniel Hoover
William M c Queen administrator
To J. Chinot Esq r Washington City. S. P.

Brief in the case of
John M c Queen, alias M c Guin, deceased. Fulton County, and State of Kentucky. act June 7 th 1852.
Claim, ("original," or "for increase.")
Proof exhibited, (if original.)
Is it documentary, traditional, or supported by rolls? If either, state the substance.
Record evidence of eight and a half months service from the records of the Comptroller of North Carolina, with which the father of the claimants is identified. He died February 14 th 1855, leaving fourteen children. An administrator has been appointed, in accordance (If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
with the requirements of this Office.
Name and residence of Agent
H. M. Fulkerson, Proctor Dawley Co. Ky.
Examining Clerk.
Osde M c

Judge Lewis Letter
J. P. Waldo Esq. Commissioner Pensions Washington City D. C.

L P Waldo Esq Dear Sir
Being call'd upon to make a statement in regard to the claim of John McQueen late of this County, for services rendered in the old war, & under the act of the 7 th of June 1832. I therefore say to you, Sir, I attended to the examination of the old man very closely & had him examined upon every matter that could aid his claim, there was no improper means used to bring about his declaration, but all was done in a proper manner & in presence of the court, I can say also that I have known him at least 30 years, & that he has always claim'd to have served in the old war, and such has been his reputation

He was the oldest man in all my knowledge, & counting from his children & my own knowledge he must have been as old as he represented himself to be. All the papers in the case (as produced in my court) has been attended to fairly. McQueen was a man of but shallow intellect, & very scarcely knew his own rights, & a man who always lived far back in the mountains, & considerably secluded from intelligent society. I have admired your course in the pension office in regard to preventing & detecting frauds upon the government, but I say with all candor that I think this claim is a just one & ought to be allowed, & I am sure I would not recommend a claim that I did not believe was just occupying the station that I do, & am too who is a the warm supporter of the administration to which you

be long. I can assure you that I have no interest earthly in the allowance of the claim, but be- ing an old soldier myself (of the war of 1812) feel a deep sympa- thy for those old soldiers, & their poverty stricken families, who achieved for us the glorious independence which we are enjoying. — I have caused the seal of office to be affixed to this letter in order to prove its genuineness — I have the honor to be
Your Obedt Servant A W Quinn
Haverburg Essex County Set
I Thomas H Carson clerk of the court for the county aforesaid do certify that A W Quinn whose signature is affixed to the foregoing letter is Judge of said court & that his said signature is genuine given under my hand the 5 th of July 1855 Th H Carson Clerk

Proctor, Crowsley Co Ky 12 th August 1834
Sir I enclose to you the declaration of John McLean an applicant for a pension under the act of June the 7 th 1832
I have written long since to Raleigh N.C. for the proof, but as yet it has not reached here, but just as soon as I can get the return I will send it in, and perhaps by that time some other proof.
I am your obedient servant
To L P Waldo Esqr } Washington City } De }
W. M. Fulkerson
Ps. our mails here only weekly -

L. P. Waldo C. P. Washington City D. C., —

Proctor awfley county Ky. 16 th March 1855-
In the case S vs of John McLean vs James W. Moore in the Estell County Ky.
I herewith enclose to you the affidavit of Silas Ward, James W. Moore. The order of the Estell county court, and the letter of Mr Brooks, Comptroller of St. L. I have endeavored to do my duty in this case as well as in all others that I have been representing. Bare with me while I make a mere statement of the case, you recollect that in your last communication you said that unless I could raise the presumption that the person who drew up the papers of McLean had an intention of the Muster Rolls at Raleigh St L the claim would not be allowed I promised you I would raise that presumption you can see from from Brooks letter that I had made an effort to do what I promised and I repeat to you I never wrote one word to Mr Clark on the subject previous to the making of his declaration in the Estell county court.
The reason that the declaration made and referred to the Pay Register at Raleigh, was simply this. At this late date I knew there would be more trouble, and a more rigid rule would be adopted than at an earlier period

So if the applicant was telling the truth and it so appeared on the Pay Register would have a tendency to identify the claimant as such. This was the only reason that I made the declaration of McLean so pointed , and by reference to the case of Mrs. Rachael White here is more pointed in the same way.
The old man whom I last saw here told me he in- tended to give a more minute detail of his services, but you see he is dead and I have not learned whether he had it prepared or not. if so I will send it in, but it could add nothing for I do think the case is beyond grievable ! or even doubt. If McLean is not the man embraced in the N Carolina Certificates issued by Mr. Belark, tell me what power is there on earth to affect it, ? There is none ! What is the proof.
1st he makes a declaration in open court and swears to it, and the court certifies to his char- acter as a soldier, 2nd Comptroller of N B. Certifies to several payments having been made to the same name, and as to time they agreed, or they did not agree disagree, 3rd John Hacker of Perry County swears to the same man, as rendering service as a revolutionary soldier just as McLean had stated in his declaration , That is so far as his services were rendered in the fort, then who would be competent

to prove his service in a fort,? a matter of course a field soldier could not do it, but Hacker shows he was in a retreat to as it, that he is of the age, no interest in the claim, and no akin to McLure and his proof taken by Mr. H. B. Brooks and not by the person who prepared the original papers, and near 100 miles from the County of Estell!
Then does the law of the case, and the proof raise the presumption that the applicant is not the man in the Starolinee certificates, and was not in the Service of the United States at the time and places he mentions? Surely not! A Judge as I understand it, conforms to the law of the case and the proof before him, instead of any private conceptions; in other words, does the Pension laws now in force, raise a presumption against the claim of John McLure of Estell Co., if so, point it out to me, or any other Law. He has also brought to bear traditional proof which in all cases you say is very essential. Again I ask you to allow the claim as I can see no just grounds, (or tenable grounds), to further reject it.
I have the honor to be
your very obedient servant.
W. M. Freckerson
To L. P. Waldo Esq. Washington City . D.C.

L. P. Waldo Esqr (commr. Revenue) Washington city D. C.

Proctor, Newberry Co. Ky. 27 th Decem 1884
Sir,
I received your letter of the 27 th November 1884 in the case of John Mc Queen of Estelle, and from your letter the case has been narrowed down considerably. You have submitted but one fact, and that fact is very easy come at -
The new matter you have proposed. I join issue and there rest the case, and as matter of course if re-betted the case stands as follows. Here's your answer.
" We must direct evidence of service and, other will be deemed sufficient to re-but the assumption that the assessments of service were predicated upon information from the Books of the Comptroller of Kentucky, in the possession of parties prior to the making of the declaration.
Then you see you have presented but one material fact in your answer - that is, the presumption that the parties had knowledge of the muster rolls or Pay Register of the revolution, now in the possession
(over)

of the Comptroller of that Estate, prior to the filing of John's declaration; and if they did not have such knowledge there is no further objection, for you have presented no other objection! — I now say for answer that I never wrote one word to Comptroller prior to the filing of John's papers or their presentation at Irwin on the 17 th July 1804 and I prepared them. You say there must be positive proof of service, that is, in another letter previous to this, that was the requirement.
Have in mind that John said he was a soldier all his time except the time he was engaged going to and from Kings mountain. Will the assistant commissioner contend that in fort Shelby or Liberty, Will the assistant commissioner contend that a soldier detailed and detained in a fort for its defence in fact, that such would not be considered military service, and would not be entitled as such?
John Baker proves his services while in the fort, and that he left in a military company for Ferguson, and returned back to it V.B. and that he came there as a soldier and occupied it as such. Tell me is this not positive, direct and un-mistakable proof?
I refer you to the case of John Luloo

of Perry as to for Hocker gave his statement in his behalf showing that he was an inmate of Fort Silly and that this was not the first time he had made such statement. I promise to raise your presumption by positive proof!
In short, in answer to the whole of your and all the letters in Johns case I refer you to the late revision of the pension laws of Mr T. T. L. Tripell late chief clerk of the pension office, and I find also a strong recommendation of the commr Mr L P Waldo, recommending said work, and published at this late date (1854) when the length of time is a strong presumption against any applicant of the revolution!!! See page 23, Forms and Declarations and Regulations, to page 29, and in reading over the instructions above referred to, if they don't allow Johns case, I can't understand the english language
I have the honor to be your very obedient servant
To Isaac E. Sgr, Assistant Commr. Washington City D C
W. M. Fulkerson

Proctor, Osceola County Ky 31st Jan, 56
Sir, At last I have been able to get up the information from Raleigh N.C. that you desired of me in your last decision, or letter in the case of John McQueen of Osceola County. From the very commencement of the case to the present time, I have complied with every rule, regulation, or law; and still farther, I have complied with all the requirements made by your predecessor, and the last one, by yourself. Nothing at all has been withheld that would aid in the investigation, and I am sure of one thing, that you cannot help coming to the conclusion, that all the papers on file in the case show a genuineness upon their face, and under any other circumstances would be allowed, and still as it is, I feel confident that it will be, and the only reason that I can offer, (and I think a good one) is, there can not be no legal, technical, or otherwise objections urged against its allowance. I enclosed your letter of the 3rd August 55 to Mr. Brooks so he could see precisely what was wanted, and I also stated in a letter to him more fully the information desired, I take it he has given all the information that is in his possession, for indeed he could not of misconcurred your letter, (if yours) he could not mind.
Mr. Brooks states that his first payment Book 180 Page 32 was paid to him in the Wilmington

* however, at that time it all might of been in the Wilmington District, but in a short period the Districts might of been changed to date being, yet the same territory and Kingsmountain part in Wilmington and afterwards in Salisbury
District. McLean states in his declaration, that his first service was rendered towards, and at Kingsmountain but to investigate these all most impassible points strikes me that one should have all the Military Districts of N.C. at the time of that war, laid down and marked off at that time, by well defined lines of survey in order to come to arrive at a proper conclusion about the extent of such Districts, but still an other probable difficulty here arises, could not a Soldier enter the service in the Salisbury District and by going into the service, march to Kingsmountain is even beyond Kingsmountain and be paid in the Wilmington District because Kingsmountain was not  might of been at that  time in the Military District of Wilmington? Another question; might not Districts underwent changes at, or about that time, as well as counties? for here in Kentucky when it was taken off of Virginia about 1790 there was but 3 counties composing the whole state, Fayette, Mason & Jefferson, and at this day there is over 100.
Now when you go back to the old maps and plans of the battles of N.C. you will see that  where Kingsmountain battle was fought and situated in a triangle for view, equidistant from Watauga ford, Newpond, and Swann's Ford, waters of the Watauga, which empties into the Santee River and the Santee flows South and empties into the coast South of Cape Fear, and Kingsmountain is N. West

x distance from Sailsbury town, - of Wilmington. (quite a distance West.) x and but a small Rump mountain is an extreme peak of the Blue Ridge, running South of the main Ridge
But when you come to examine the Sailsbury District, there can be no doubt at all, that what McQuinn served a portion of his time in this Dist- ict for squabble States, that is the disputed territory of the Virginians and N. Carolinians, caused by the different lines of Henderson & Dixon was situated between Jonesborough (now Tennessee) and Sailsbury NC, and for McQuinn not to have been in this District, would be a decision that he was not in the service at no time of that war. I presume also that even the counties of those days were very large as to territory. A question arises here much like, in the other instance. If a soldier enter the service in one District, and is paid in another which of the Districts would be recorded to the soldier's payments?
I will make one assertion in regard to McQuinn's statements said, That he with others, frequently went as one of the guards to Sailsbury for provisions, but you know every particular could not be embraced, Still farther, might not John enter the service in Dist- -ict — ? and of been paid in the others, for it is reasonable, that as he was not all the time stationary, and a matter of course not all the

time in the same county or District he was paid just as it happened, and recorded in the District in which it did happen; and I presume that in those trying times, that the records was not so properly and minutely kept, as they would be at the present time. If there had of been two John McQuinn on the records at Raleigh Mr Brooks, or Major Clark either, would of so certified, and made the proper discriminations.
It seems from your letter of August 3rd 55 that the great delay of the applicant was the only legitimate ground of the rejection of the claim, and therefore you adopted  for a more rigorous, and rigid rule than had been heretofore adopted in the adjustment of the claims of the Revolutionary soldiers in asking, and requiring the applicant, although he had record testimony, authenticated in the right manner, traditional proof, and living also, and circumstantial; he was still required to go to, and find out his District and county. Mind you I am not complaining about this, but when we have come up to all that it not to be allowed. Is it not a case clearly, and fairly made out? I think so?
I refer you strictly to the authenticated letter of Judge Quinn of Estell county, giving his personal knowledge & acquaintance of the app.

lieant
Now as to the delay. I am satisfied that one of your age and experience, can, and will make the proper allowance on this point. The very wisest and most energetic neglect our own individual and immediate concerns, and in many instances to our great injury, and especially when it comes to lawsuits, legal investigations, litigation, and when in fact there is a specific statute of limitations, barring their right at a certain time. Still there is delay, some from sluggish means, lack of energy, and simply mere delay without any good reason only neglect. He, until that contingency happens, but in this case, there is no statute barring the allowance of the claim! I present to you an old man upwards of 90 years, and through all his long life one who scarcely knew his rights of the most common kind, a backwoodsman in every sense of the word, with an intellect not that of a medium, singular in habits, and silent, and a wanderer (See Judge Purnell's letter). Then is it reasonable to urge further, that such a man although back from the settlements, and in the mountains of Kentucky; a hunter by

trade and inclination, should be expected to be posted up on upon the laws of the Congress of the United States in giving pensions to soldiers of the Revolutionary war; or even would it be presumable that such a man would much less know the laws of his own State, and of the most simple kind? I can not view him in that light!
As to the proof, I need not say one word, nor will I tax you with a long and tedious argument in the case. The proof of John Hacker you admit to be available, as to his identification, therefore the proof needs no argument. There is one thing I forgot to state in its proper place, but I will state it here. I have no doubt at all but what you will give to Mr. Quinn the amount of time that the payments will show in the Salisbury & — Districts, if no more, which will show if I have not mistaken the mode of calculation in cases of this kind, which show 11 months service, but taken together show a matter of course a larger amount of time
I have therefore hastily thrown together this brief statement, by way of argument, and statements of facts, and I hope you will receive it as such, and in thus offering them to you I have not done it in the way of dictum but merely to call your attention to the facts in the case, and to help if I

could in directing your mind to the new legitimate and proper conclusions. I have discharged my duty honorably, and I can assure you with a clear conscience. Having underwent a great deal of trouble and expense in the cause, having fulfilled every thing required to be done, either law, or otherwise, as it is justified by reason, law, proof, and Justice I ask you to allow the claim!
To
J Minot Esqr. Esq. Washington city DC.
I have the honor to be your very obedient Servant W. M. Fulkerson

Irvine, Estill Co. Ky. Sept: 19-36. To the Commissioner of Pensions:-
It has been a long time since I sent the claims for Bounty Lands under the act of the 3 rd March 1855 named below, and I am satisfied you have reached them but you have never advised me of the result of the investigation of the following claims:-
Nathan Goo No. 217.626 - act 3 rd March 1855 Polly Evans, widow of Evan Evans No 217.623 act same William Daughty or Daughtre - No. 217.624 same act Jaily Gentry - widow of David Gentry - No 217.625 - same act Jane Harris - widow of David Harris - No. 238.908 - same act
You will please inform me immediately how the above claims have been disposed of, if they have been acted on. If the claimants are entitled to Bounty land please send me the warrants instanter as they are very needy and anxious to receive their claims. If any additional testimony is required it can be furnished.
You will also please inform me on the receipt of this whether or not the claim of John McPhee an old Revolutionary soldier of this County has been acted on. He has

presented a claim for a Pension and W m M c . Hulkerson of Dewey County has been attend- =ing to it for several years. I desire to know whether the Pension has been allowed or not and if so who drew the money &c. I am advised that foul play has been practiced by some of the parties concerned here.
You will do me and an old soldier a great act of kindness by informing me immediately how the matter stands.
Yours truly
John M. Price

Comptroller's Office Raleigh N.C. Febr. 11th 55
W.M. Fulkerson Esq.
Sir In answer to yours of December last asking of Maj. W.J. Clarke former Comptroller of North Carolina a statement relative to a case of Mr. McQueen's. I have to inform you that Maj. Clarke had retired from the Office before before the reception of your letter, and was on his way to Cuba. I am unable to do anything for you as I knew nothing of transactions between you and him, Maj. Clarke will return to this place some time during the Spring or early in Summer, Perhaps then he will attend to your request
Very Respectfully
Geo. W. Brooks Comptroller

Comptroller's Department Raleigh N.C. Jan'y 11 th 1856
Wm Fulkerson Esq Proctor St. J. Sir
Yours has been received, with a decision of the Commissioner of Pensions in the case of Jas McQuinn or McQueen, asking the Districts in which those payments were allowed, which are given by W. J. Clarke Esq former Comptroller of this State in his Certificate in the case of said John McQuinn or McQueen, dated October 8 th Aug. 8 th 1854 and Sept. 6 th 1854.
In answer to which I submit the following 1 st payment Book 180 Page 32, is of Wilmington Distr. 2 d " " Book 2 " 79 no Distr. given 3 rd " " Book 4 " 13 Salisbury Distr.
Which you are at liberty to submit to the consideration of the Commissioner of Pensions in explanation of said Certificates Respectfully
Yours Obedt Servt Geo W Brooks Comptr. N.C.

Proctor, amsley County Ky. 8 th April 1856
Sir, I have not as yet received a decision in the McQuinn case of Estill County since I sent you the certificate of the Comptroller.
The decision you gave in the case initially allowed the claim however on the production of the statutory District that would correspond with the applicant's declaration. That has been sent to you long ago. Since that time I have sent to you Judge Quinns letter to you giving his personal knowledge of John you will excuse me for troubling you again about this case, but the truth is, all the proof that can be had, is now on file therefore it ought to be disposed of, and I hope it will.
The heirs are pressing me every 2 or 3 days to know the reason of the delay, therefore I beg you to give up a decision
To J. Minit Esq } C.P. } Washington City } D.C. }
I have the honor to be your very obedient servant
W. M. Folsom

Irwin, Estill County, Kentucky January 18 th , 1857.
Commissioner of Pensions,
Dear Sir:
I received a letter from you some time ago informing me that the claim of John McQueen Sr. deceased had been admitted on the 3 rd of July last at the rate of $28.49 per annum, and the certificate sent to W m M c Fulkerson Esq at Proctor Ky. the agent, who filed the testimony. Mr. Fulkerson has denied receiving anything and has said the claim was unsuccessful. I have been employed by the heirs of said McQueen to institute the necessary legal proceedings to recover the amount of Pension received by him. I therefore address you for the purpose of ascertaining some additional facts. Please inform me for how many years the claim of McQueen was allowed, and how much the certificate was for. Please send me a copy of the certificate and all other facts necessary to commence a suit against Fulkerson. I send you the required authority to make these inquiries. Should there be any expense or charge for copies &c inform me and I will remit the money. It is essential to have this information immediately as court will soon be on. Please advise me of the result of the action of your department

the applications for Bounty Land under act of March 1855. of the following persons.
Jaily, widow of David Gentry No. 217. 625
Nathan Gae " 217. 626
Jane, widow of Daniel Harris. " 238. 908
Rainy, widow of E. Evans No 217. 622. Mrs Richardson 265. 710
Respectfully Yours John M. Price

John M 1832 Queen or Leuen
Wm. M. Fulkerson
Brooks Ky July 16/57
✓ Writes in relation to certain Pension cases now pending before the Comm. of Pensions,
✓ appeal case Respectfully referred to the Commissioners of Pensions.
Moses Kelly Chf. Clk.
July 25/57.
Rec'd 24 July 57 Mr. R. H. B.

Proctor, Owens County, Kentucky, 16 th July, 1857 Sir:
Since the present Commissioner of Pensions has been in office, I have made several attempts to have some in pension claims that I presented before the Department, examined but as yet, I have been unable to have his attention or decision in any one of them. I have appealed to you once and my communication was referred to the Commissioner, and I now copy his letter of the 8 th June 1857 " Pension Office June 8 th 1857
" It is useless, for the present, to attempt the prosecution, for increase in the case of John McLean, deceased, of Kentucky, as a question, as to the " legality of paying pensions to any one but the " soldier, or his widow, in whose right a claim " is set up, has arisen, and it is now held " under consideration
" All the communications that I have had with him on the subject of pensions, has been quite decided and plain that he would not adjudicate upon that class of claims as to his motions. I do not call in question for I cannot tell the reason, for in fact it may be the policy of

administration, and by an up-keeping of all the decisions heretofore, these kind of claims, is to be disposed with, with one simple construction - all this I know nothing about. I hope you will over consider (at least I do not desire you to think so) that I am disposed to be troublesome. I am representing but few cases, but I think they are entirely and beyond dispute, just and meritorious claims founded upon acts and acts of Revolutionary history, and knowing as I well do that the proof is ample, I cannot agree to abandon these cases until there is some law enacted, or some rule established by which they are to be disallowed and thrown out of the pension Department.
The parties who are more interested in these claims than I am, press it upon me to urge them upon the present administration, believing in its liberal provisions heretofore placed before the country; and having re-bound confidence in its wisdom, and Justice, therefore ask me to say to you, whether you will as the proper functionary of the Government hear these title claims, and decide strictly

P.S. I do hope you will not refer to the commissioners as to the other commissioners than my other commissioners as it will not receive no telltale than my other commissioners
the merits of each, according to the proof and law of the case. They ask no favor, no more than what the law, the evidence and justice gives to them, and I am sure there can be no wrong in this!!
I again appeal to you, to know whether the claims that I now present before the Pension Department, can and will be heard or not? If they cannot be, then I will know how to proceed, and will cease for the present, to call the attention of the commissioners in that direction.
The 1st case paper for your consideration is John M c Queen of Estill Co Ky. I forwarded to you sometime ago, a letter containing all that I desired to say by way of argument, and if it has been kept, I have nothing further to say - if it has not, I desire to be heard
Le Mr Thompson Esq S Interior Washington City DC
I have the honor to be your very obedient servant W M Fulkerson

Irvine, Portage County. 26 th May 1887
Sir:
To the Commissioner of Pensions Washington City DC.
I have received your letter of the 9 th May 1887 in regard to the papers of my father John McQueen of this county. I deem it useless to make an other power of attorney to Mr. W. C. Fullersan for I have already made one to him, which is I suppose already on file in the papers. It is proper to state that Mr. Fullersan prepared the papers of my father's case from beginning to end, and that my father and him made a written contract as to what he was to get for his services, and I as his administrator settled with Fullersan according to that contract. I drew the money by the certificate of pension of $28.49 from the 4 th March 1831 until his death 14 th Feb 1855. I therefore desire that Mr. W. C. Fullersan prosecute the claim before the Secretary of the Interior and this is to authorize him to remove the papers by appeal to the before the Secretary from the Commissioner before the Secretary.
Witnessed by Mrs. D. Logan Wilson Hayden
I have the honor to be Your obedient servant (William McQueen Administrator of John McQueen deceased)

Proctor. Newley, County, Ky 23rd April 1857
Sir:
Sometime last fall the commissioner of Pensions allowed John Mc Queen of Estill County, Kentucky a pension under the act of Congress the 7th June 1832 of $28.49 per annum, commencing 14 th March 1831 and terminating 14 th Feb 1855, the time of his death. I appeal from that decision.
I think it erroneous to allow $28.49 when he was not of been entitled to his full pay or he was entitled to nothing. This is the history of the case. He states as well as I now recollect that he entered the service in what was called Squabble State  Walter's County N.C. and served in the direction of Kings Mountain 12 months as an active soldier on the mountains and afterwards he was ordered to occupy the old Brook House or what was called Shelby's fort and in this situation he served as much as 2 years. The first certificate of the Comptroller at Raleigh seems as follows, August 8 th 1854. Books A o 180 Page 327 L 15 D 2 " 28 L 2 S 13 D 4 " 13 L 22 S 10 D Oct 8 th 1783.
Mr. Minot thought this certificate of payments too indefinite to be dependable, and he then referred me to apply to the Comptroller and have him to certify as to the Districts or Districts in which the soldier was paid this to me appeared hard, if indeed it was not unreasonable, still

I wrote immediately to Raleigh and rec'd the following statement.
January 11 th 1856 Compt's Department.
1 st . payment Book 180 Page 32 is of Wilmington Book S 2 " 79. no District given Book H " 13. Salisbury District.
After this went in, he then decided that the soldier could not have served in the Wilmington District taking his declaration, detailing his services, as true.
This opinion was too rigid, and not only too rigid but too uncertain a rule to establish, and why. To make it a safe one would be to make the Military Districts permanent, and at no time to be changed. Who knows then that at the time of his service it was then the Wilmington District and the District being changed, it then being Salisbury District but this is not all. It would fix the soldier all the time in his District where he first entered. Don't history tell us that the station of A. C. was in the Battle at Guilford, and South Carolina soldiers in the defeat at Camden, while many different states were at the Siege at Yorktown !!!
Though there is one other thing I rely upon, and under I was somewhat surprised when the Commissioner had allowed and decided that the testimony of John Hacker was available and admitted as true, but still refused to allow any more than for the Salisbury District Hacker proved McClellan in service in the old Fort as much as 2 years, before he left for Kingston, and after he returned

back to his place of residence. Mr. Innes states he did not receive all the pay he was entitled to. The post here referred to, is, or was then in the Morgan District, still Harker proves him in Wilks county, or this statutory District and nothing is allowed for all this - only for the Salisbury District £22 100 D
How can this be? My opinion is he is entitled to his full pay or else he was not entitled to nothing at all. Now Sir: I contend that after a certificate of the Comptroller of A.C. to services rendered by him, or to a man of his name, not inconsistent with his declaration, and a witness who testifies to his entering the Service, who is creditable when on oath, and who the commissioner admits having was true, is prima facie , and conclusive that Mr. Innes was the same man certified to by the Comptroller, and if allowed at all was entitled to what the certificate embraced or to what Harker testified to. To relieve the government from the payment of the Blank, and the Wilmington District, and to the time that Harker proves it would of devolved on the commissioner to have shown that Harker was not reliable when on oath and that it was an impossibility for Mr. Innes to have rendered Service in Blank and the Wilmington District. In all the catalogue of cases there can be none more certain,
I am not disposed to burden you with a long argument in this case but I have simply stated the facts in the

in the case and I have the strongest confidence that the full pay of all three will be allowed. The law, the precedents, and Justice demand that the full pay should be allowed.
To Mr Thompson Secretary of the Interior
I have the honor to be your very obedient servant W. M. Fulkerson
Washington City D. C.
PS. I would thank you very much if you will examine this case yourself — for I think it is incontestable —

Proctor, Newberg, Kentucky. 2nd March 1856.
Sir: I herewith enclose to you an authenticated letter of Judge A W Quinn of Estill County, Kentucky, in the case of John McCunn of said county. It is needless to say one word in the case further. If it is not fully made out by testimony of an unmistakable character, the imagination of part to its utmost has, cannot better suppose one?
Long ago I enclosed to Mr F. Moulton proof in the case of Mrs Rachael White, late of this county, under the act Feb 1853, and also proof in the case of Abraham Childers. I have written repeatedly to Mr Moulton to file the proof. He, I can hear nothing from him. I am sorry that I have to trouble you so much about my cases, but I am compelled to attend to them as far as is right.
Will one of your clerks be so kind as to ask Mr Moulton for the proof and file the same in the cases? If I am not very much mistaken the proof when filed in Mrs White's case, will be sufficient to allow it, and in accordance with a decision of Mr Waldo which letter I can forward if desired.
What is the character of proof in the case of Nicholas Leouts of Perry Co Ky? Is his discharge in the papers? It is impossible
to get along in these cases unless I can know what proof is on hand, and what kind of proof will be required! I have the honor to be your
Very obedient servant J. Minot Esq.
C. S.
W. M. Fulkerson
Washington City D.C.

Sir
Proctor, New Bedford County Ky. 28 th April 1856
I have yours before me of the 7 th April, 56, in the case of John McQueen of Estell County. I confess that I was somewhat astonished at such a conclusion, however, I mean no disrespect. Your letter of August the 3 rd 55 admitted the claim on conditions, those conditions happened in favor of the applicant, and now from some cause or other, the certificate of Mr Brooks, Certificate of January 11 th 1856 has been passed by in silence. Mr Brooks says. 1 st Payment Book 180 Page 32 is Wilmington District. Book 12 " 79 No District is given. Book 4 " 13 Salisbury District. The only evidence you refer to in the 7 th April letter, is Judge Jenkins statements in the shape of a certificate, and not one word said about the certificate of the Comptroller at Raleigh NC containing the very information you called on me for last August! Then in your first, you allowed the claim on condition, that he could show his District that is, if that District corresponded with his declaration, and as certain as 2 and 2 make 4, we have shown you, that McQueen was paid $22. $10. D. in the Salisbury District and if paid at all he could not of been paid in no other! As to the county, the records does not show what county he resided in at the time he entered the service. He states himself that he did not know. How this case can be passed over in this way I am at a loss to understand, having done everything you required us to do, and what the law required us to do? and still it is refused. I have examined the late revised books of the Pension-Laws carefully, all the decisions and opinions of the Attorney Generals for years back, and if you can show me one single decision, or law, or requisition of any of your predecessors that will exclude this case from the pension roll. I'll promise you never to trouble you again on this case, or any other of the same kind!!! 3 over

I enclosed to you, quite 3 months ago, the certificate of Mr Brooks, and at the same time and in the same envelopment a written agreement. At one word here I heard from the certificate, the other was of no importance to me or the case! I therefore ask of you, and the rights of the parties require it, that you act on that certificate (the last one sent to you) and say whether that is available or not, and whether you have received it or not! So that if it has not been received that we can again go to the trouble & expense of getting up the same information. I have copied your letter of August 3rd 55, to show to you that I am not, nor cannot be mistaken!
To J. Minot Esqr C.P. Washington City D.C.
I have the honor to be your very obedient servant W. M. Fulkerson

J. Minot Esq.
C.P.
Washington City, D.C.
I desire this to be read carefully through
(In the estate of John M. Garrison of Castleton County, act 7 th June 1852)

Procter, Owensky Kentucky, Ky. 29 th May 1856
Sir: I herewith enclose to you the affidavit of Henry Plowman in the case of John McLean of Estill county, Ky. Abt. 7 th June 1832. Your letter of the 29 th April, is now before me. In the last paragraph of your this letter you admit in substance, that McLean is intitled to $22,10 but before the allowance could be made you would require the testimony of disinterested witness as to the date of McLean's death, and the number and names of his surviving children. Plowman swears to his death, and Mr Daniel certifies that he personally knows that he died on the date referred to. This is not all if you will look into the papers, you will find that there is a certificate of the Estill county court showing his death and children, also. Undoubtedly this comes up to your letter of the 29 th April,
As to your anticipations or belief, that certain things would occur if looked into, is a course to be pursued in legal tribunals that I am wholly unacquainted to, It is not proper for you to believe it was in the Morgan District when there is no evidence before you to show it, but even if there was, what District would he have been paid in, if he rendered service in and about Kings Mountain? Is Kings Mountain (or was at that time) in the Morgan District? McLean says he was in that battle, and alleges he served as much as 12 or 13 months in that direction. I still put the question, are you prepared to decide, that if John McLean entered the service in the Morgan, or Blount District, that all his payments would show that District, although he might move in service to the extreme part of the State, even in the Wilmington District, or if you please he might go into another State, still, would all his payments show the district that he first entered when he first entered the service? If so, there is

one thing it would show, a palpity . But for in now to hunt up negative proof, and for no other purpose than to defeat our own case, is an unreasonable request, if you so decided, and one I think the Books does not warrant. It was always an excellent principle in any Judge, to allow litigants and Council to differ with him in op- -inion, and more particularly when ever he is convinced of a fact proper for his consideration, to yield, to that con- -viction. That accordingly, I will freely and liberally allow you to exercise doubts in all cases, as well as in this one, but you must suffer me so far as my cases are concerned to reason and argue with you, and in no instance do I question your motives as to the doubts you entertain. But does the facts, testimony, and the law raise those doubts, if so, I still hold the case, and you are bound to allow it, and why? To sustain this assertion, I refer you to Greenleaf's Evidence Page 18. "Chapt 3rd, and 13 sec I quote it verbatim," "In "civil cases, when the mischief of an erroneous conclusion "is not deemed remediless, it is not necessary that the "minds of the Jurors be freed from all doubt; but "it is their duty to decide in favor of the party on "whose side the weight of evidence preponderates, and according "to the reasonable probability of truth. But in criminal "cases, because of the more serious and irreparable nature "of the consequences of a wrong decision, the Jurors are "more required to be satisfied beyond any reasonable "doubt of the guilt of the accused; or it is their duty to "acquit him. In civil cases, it is sufficient if "the evidence, on the whole agrees with and supports the "hypothesis, which it is adduced to prove; but in "criminal cases, it must exclude every other hypothesis "but that of the guilt of the party."
Then if I understand the

meaning and substance of this law, whereas you are convinced beyond all doubt whatever, that Mr. Leavitt was not in the service of the Revolutionary war as much as 6 months, from the State of N.C., you must decide for him, but if no doubts at all, you will decide against him. I do hope you will take no offence at the cause I have referred you to authorities, but you will admit that Congress intended some law, some rule or Regulation to govern all the Commissioners in the settling and adjusting the claims and rights secured to the claimants under its laws, just as every other Judge of the United States is governed in his Judicial decisions. It is, in this light, that I have brought the subject before you. Congress undoubtedly did not intend that the soldiers' claims of the Revolutionary war was to be tried by a more rigid law, or code of laws than the common law , or the laws of United States, upon similar cases, as expounded and understood by the courts of the country!!
From your letter of August 1858, and that of the 29th April, 1856, the claim will be allowed, therefore I need not say one word more, for in both you admit the claim upon a contingency, both of those contingencies and requirements has been complied with.
I have the honor to be
yours obedient
Serjeant
W. M. Tuckerson
20 J. Minit Esqr C. P. Washington city D.C.

Power of Atty in the case of John M c Lean
Estelle County Ky
To W m Fulkerson Proctor Cawley Co Kentucky

Power of Attorney
Know all men by these presents: That I William McQueen of Estee County Ky son of John McQueen and his administration and appointed as such by the County Court of said County, do hereby irrevocably constitute and appoint William M. Hilkerson of Porter Kentucky my true and lawful Agent and Attorney to prosecute the claim of my father John McQueen deceased who was a claimant of this County under the act of the 7th June 1832 for a claim for services in the Revolutionary War, for an amount of Revolutionary Pensions or increase of Pension that may be due under the provisions of the Act of 1832 or any other Act or Resolution of Congress, and I hereby authorize my said Attorney to examine all papers and documents in relation to said claim on file in the Department at Washington city or elsewhere to file additional evidence or arguments, and to receive the certificate which may be issued for said claim, and to appoint one or more substitutes under him for the purposes herein expressed, and to do all things that I might or could do were I personally present hereby ratifying and confirming all that my said Attorney may lawfully do in the premises. Witness my hand and seal this 4th day of July 1855
Signed in the presence of
Samuel Boorer S. Daniel
William McQueen mark

State of Kentucky By Estill county ss on this 4 th day of July 1855, before me a Justice of the peace in and for the above and State above mentioned personally the aforesaid William M c Queen and acknowledged the foregoing power of Attorney to be his act and deed for the purpose therein mentioned J Daniel J B B C
State of Kentucky
Estill County, ss.
Thomas H Carson Clerk of the County Court of Estill county do hereby certify that Thomas H Carson is an acting Justice of the peace of said County duly commissioned and sworn and was so at the date hereof, and that his signature hereunto affixed is genuine and that all his official acts as such is entitled to full faith and credit. In testimony whereof I have hereunto affixed my hand and placed the Seal of office at Irvine this 11 th July 1855. Thos H Carson C.B.B.C.

Affidavit of Daniel Hoover & W m McQueen In the case
of _____ John McQueen

State of Kentucky, Circuit Court
Daniel Hoover states upon oath, that he is a resident of this county and has known John McLean of this county who an applicant for pension for about 30 years. That he married his daughter Deborah Dianah, and she is about 54 years of age and not the oldest of his children. That since he married into the family he has heard a great deal of talk about John's service in the Revolution and has often heard him requested to get his report, and he thinks the only reason that he did not attend to it, was from neglect. That he is a very singular man in his habits, reticent, say nothing, backward, has no ideas, as a man of moderate intellect and a man of but little energy, possessing a disposition to live in the good old and honest. That he has always been poor, and is yet. That he has for a long time been pressing him to attend to his claim as the time would expire for the allowance of pensions, or he would not live to enjoy it. That there can be no doubt as to his age fixed in his statement. That he has never said any record

of the ages of him or his family - he only forms his knowledge by the children and his grand children, that he can't say he is interested in his claim, at least he does consider he is interested in the claim although he married his daughter, for he needs it more than he does.
This November 1884
his
known to before me by Daniel Hoover this 20 th day of Nov 1884
Daniel Hoover
AN-Quinn 1886
near
Provenly appears before the undersigned a Justice of the Peace of Estelle Co William McClean and says upon oath, that his father has been claiming to have been in the Revolutionary war ever since he can recollect and he is now 42 years of age that he claimed to have been in the battle of Kings Mountain, and he could mention many circumstances and things connected with those times if desired as to that, that his father is in possession of that he since he has been of age has repeatedly requested his father to get some one to attend to his claim but through neglect it has been put off until now that his father according to the account given to him, is 93 years of age or born the 22 nd August 1761

That his father has had 13 children in all. That he is intestate to the extent of one heir but in case his dear is allowed he does expect to get one cent of the money, nor does he desire it while his father is living -
This November 1884 his Mr. McQueen
Personally appeared before the undersigned a Justice of the Peace of said county William McQueen and Daniel Hoover and made oath to the foregoing affidavit and I further certify that they are men of truth and in good standing.
Subscribed and sworn to before me A. W. Durbin J.P.
My commission expires July 1st 1885 I do hereby certify that A. W. Durbin is the lawful Justice of the Peace of said county and that he is qualified according to law and that his commission is now in force. In testimony whereof I have hereunto set my hand and affixed the seal of said office at Seven this 15th day of July 1884
A. H. Carson Clerk

Wilson Ward
To Affidavit
In the cause of John McLean of Castille 20 Ry
under act 7th June 1832

reactions) and such reputation was general -
State of Kentucky county of Adair
On this 16th day of December 1854 personally appeared before the undersigned Probate Judge of Adair County, Nelson Ward, and being first sworn according to the rites and ceremonies of the M.E. Church, I know John McElvain of Estill County Ky who is now an applicant for a pension. I have known him for forty years or upwards. I have from my first acquaintance heard him claim as a soldier in the revolution, as in Ruggles' regiment, and I know he came from the State of North Carolina. He is a very retired and singular person in his disposition, being pretty much back in the mountains and wildness, I have the utmost confidence in his statements when upon oath and I can have no doubt that he is 93 years of age as stated from his children and otherwise. I am on the 1st day of Feb 1856.
I am 79 years of age, and I am a resident of this county and have no interest in his claim nor am related to him, and have been a member of the Baptist church for 30 years. Nelson Ward Mark
Given as evidence the impression that he was always a pensioner. His reputation from the time of first knew him as a soldier aside from his own reputation and such reputation was general -
Personally came before the undersigned Judge of Adair County, Nelson Ward.

and made oath to the foregoing statement and made his mark to the same I further certify that he is a man of truth when upon oath, and a member of the baptist church. Given under my hand this 16 th day of December 1864.
John, M. Daniel J. O. C.
State of Kentucky
Graves County set
I William Williams Deputy Clerk for D. B. Goff Clerk of the Graves County Court do certify that John M. Daniel whose signature is to the foregoing Certificate is the Presiding Judge of the Graves County Court duly commissioned and qualified and said signature is genuine and that full faith and credit ought to be given to the
testimony whereof I have my name and affixed the seal of my said office this 19 th day of December 1854
W. Williams D. C. for D. B. Goff C. C.

Cowley County State Kentucky D St.
Personally come before the undersigned a Justice of the Peace of said county James Moore, a resident of said county and aged 50 years old and after being duly sworn according to law deposes upon his oath that he is well acquainted with John McQueen of Estill County Ky, better known by Mc Queen who is an applicant for a pension under the act of congress The 7 th June 1832. That he has known said McQueen for 24 years, and that he married his daughter Abba and was married to her 23 years ago. That from the time he first knew him, he always claimed to have served in the Revolution and has since very frequently speak of the battle of Rangel's Mountain saw of being in the old Block House on Holston very frequently speak of Col. Blount, Col. or General John Sevier Capt. North etc. That he has very often during his acquaintance with him advised him to apply for a pension and most generally he would reply "I can do without it" that the applicant is a man of "very moderate mind and singular in his habits, pursuing as he does the disposition to live by himself, and to live back from all settlements, and away from the neighborhoods with inclination to hunt after game with his gun and trap after furs, and to dig for gins,

he himself spoke to Agents to take & prepare his record but he cited negatively it. He has been in the county of Clay, Estell, that since our crossing - and deceased.
I have never benefited for that but rather him any at all, and that he has always been poor, and is now in that condition. That said Allee is not less than 90 years of age, counting from the eyes of his children he cannot be less. That he sometimes promised him he would attend to He states that he does not expect to gain one cent if the Allee is allowed nor does he desire it nor does he intend to receive it! as the applicant is more needy than himself, and there is also a good many here besides his wife, so if her ship was to take place he could not get but little At all.
James Moore Gen
his James Moore mark
Personally came before the undersigned a Justice of the Peace of Daviess County, James Moore Gen and made datt to the foregoing affidavit and made his mark to the same I further certify that he is a man of under- -standing in every respect and a citizen of this County given under my hand this 10th day of October 1854 Subscriptions made before signing — B. Leavitt J.P.O.C
State of Kentucky Daviess County 300
I Daniel B. Leavitt clerk of the

28. County court of said county do hereby certify that Belaborn Leombs whose genuine signature appears to the foregoing affidavit as an acting Justice of the Peace of said county duly commissioned, and sworn and was so at the date thereof, and that all his official acts are entitled to full faith and credit.
In testimony whereof I have affixed the Seal of said office and subscribed my name to the same this 10 th day of October 1854.
Daniel B. Gaffin clerk.

John Hacker in behalf of John McClellan of Castill Co. Ky.

State of Kentucky Perry County, ss.
Personally appeared before the undersigned, a Justice of the Peace John Hacker who being first sworn according to law, states upon his oath that he is a resident of this county and aged 87 years
That he was not in the revolutionary war, that is, he was not engaged as a soldier.
He states he was raised in the state of North Carolina and during the year 1780 he was a good sized boy. That the families of Hackers, Brashears, Eatkins, Combs, Mullins and Fields were fortified in the old Block House afterwards or about that time called fort Selby or Shelby.
That the most of the families in that day and region of country were in places of defence and that previous to the battle of Kingsmountain, that families entered the fort for defence. That he was well acquainted with Samuel Brashears who was the husband of Margaret Brashears of this county who is now drawing a pension and that Samuel was then called Lieutenant Brashears. That he was well acquainted with John Fields who died in this county in 1852 and who was an applicant for a pension. That said Fields was out frequently before the battle of Kingsmountain and afterwards and that he was employed by the Government as he always understood to watch the

He states he had the chance to know all about Mr. Quinn's service as he was taken to the fort same time before Kentucky's family and remain there until peace was made. that Mr. Quinn before the battle came to the fort (Fort Shelby) as a soldier, and left with Col. Sevier for Kentucky's station. that he was not far from where Gen. Sevier was and
Savages and to defend the neighborhoods and settlements. That he recollects Fields was out off and on, from 1780 until peace was finally made that is from the time he first knew him - that he was also well acquainted with John McQuin who now lives in Estile County Kentucky (as he is inferred) but he formerly lived in Clay County Ky and who he understands is an applicant for a pension. That said McQuin was one of the soldiers or men who was left to defend the fort and he is now very certain that McQuin left the fort under General Sevier to meet Ferguson and he afterwards returned to the fort and remained a long time off and on he thinks until peace was made - That the way he became acquainted and to have means of this knowledge was because Fort Shelby or Shelby was the great place of organization and of station. He states he has no interest of whatsoever description in the claim of McQuin or Fields and that he is no relation to either.
John his Hucker mark
Sworn to and subscribed before me a Justice of the Peace and I further certify that said John Hucker is a man of truth
Given under my hand this 27 th day of October 1854
Zebbrich Morgan J.P.P.C
afterwards returned here until peace was made

State of Kentucky Perry County ss set
I Jesse Combs clerk of the County Court of Perry County Kentucky do hereby certify that Zachariah Morgan Esqr is an acting Justice of the peace of said County Commissioned and Sworn and was at the date of the before mentioned affidavit and that all of his official acts as such are entitled to full faith and credit.
Combs Clerk Jesse
In testimony whereof I have signed my name and carried my private seal to the affidavil this 28 th day of October 1854 having no public seal of office Dip. C. L. G. H.

On this 18 th day of September 1854, personally appeared before the undersigned Probate Judge of Estell County, Ky., Anthony Birmell, and after being duly sworn, according to law, states that he is a resident of Madison County, Ky., and has been a resident thereof for a great many years. That he has known John M c Queen who is now an applicant for a pension of Estell County for some years, he can not say the precise time that he first became acquainted with him, though he thinks it was about thirty years. That he states from the time he first became acquainted with the old man, that is while he lived in the county of Madison he had a general reputation of a Revolutionary Soldier, and that he was always very much interested in his details of the old war, and very frequently spoke of the battle of Kings Mountain. Heard him speak of Col. Cleveland as being a large fleshy man and was very sure on the trials and by acts and many other circumstances that he would mention. That he has always believed him, as his dispo- sition was in accordance with the history of those times. He states he was himself in the war of 1812. That he has no interest in the claim of the applicant neither directly nor indirectly, and he has lived in the county of Madison twenty years. That he is well acquainted with the history of the United States he means from reading the history. Attest. D. W. Birmell
John Thomas
Churchwell Thomas after being duly sworn according to law states that he is now a resident of Estell County Ky and has been twenty five years and has known John

McLendon who is now an applicant for a pension of this county for services rendered in the Revolution. He states he has known John for great many years (perhaps 20 years) first in the county of Madison and then in this county. That he has a general reputation of a Revolutionary soldier both in this county and the county of Madison. That he always had pretty much back rent of the settlements and even now seems desirous of getting further back. He states he could mention previous owners of John's descriptions of the old house but does not know that he is now and always has been a very poor man and that to his own knowledge an agent by the name of Bodin living in Richmond Ky. proposed to get into his possession. This was several years ago.
He states he has no interest in the claim of the applicant either directly or indirectly.
A. W. Binnell John Thomas.
Churchwell Thomas
Personally came before the undersigned Judge of Estill Co Ky. A. W. Binnell of Madison Co Ky and Churchwell Thomas of Estill Co and made oath to the above affidavits that both are entitled to respect when upon oath. Given under my hand this date before written A. W. Binnell J. E. 66
Commonwealth of Kentucky Estill County I Thos H Carson Clerk of the County Court for the County aforesaid certify that I know W. Liim whose genuine signature appears to the foregoing affidavits is and was at the

date thereof the acting Judge of the Estill County Court with power to adminis- ter oaths and that his official acts are entitled to full faith & credit as such and that he is duly Commissioned & qualified as such Judge
Given under My hand and the seal of said Court attached at Irvine this 18 th day of September 1837
Thos H. Hargis C. C. C.

15 months + 2 days $ 50 22

State of North Carolina Comptroller's Office
I. William J. Clarke Comptroller of public accounts in and for the State aforesaid do hereby certify that it appears of Record in said Office among the payments made to sundry persons for Military services in the Revolutionary war as follows to wit:
"John McQuin."
  Book No. 180  Page 32  £ 15. 80. 00.  Specie    "  " 2 "  79 £ 2. 813. 74  Specie    "  " 4 "  13 £ 22. 810. 70  Specie Oct. 8 th 1783  
In testimony whereof I have hereunto subscribed my name and affixed the seal of Office this August 8 th 1854
Wm. J. Clarke, Compt r .
15 2 13 22 10  8/40 13 20  8/803  100, 8-37 3/4  57.19  12, 3 = 48 3 = 10  15 15 months 9 2/3

L. P. Waldo Esq.

Irwin Estell county. 18 th Sept 1854
Sir
I herewith enclose to you the proceedings of the county court of Estell county in regard to the claim of John McQueen
I also enclose the affidavits of A W Bornee & Churchwell Thomas in his behalf, This meets your requisition heretofore made in the cases that I had the — to represent, There is no one now living that he could prove his services by, all being dead,
I have the honor to be your very obedient servant
To L d Waldo Esqr } Washington city } W. M. Fulkerson D.C. }
P.S. Address me Procter Shelby Co. Ky —

1777, 1778, 1779, 1780, 1781, 1782, 1783, 1784, 1785, 1786, 1787, 1788, 1789, 1790, 1791, 1792, 1793, 1794, 1795, 1796, 1797, 1798, 1799, 1800
John P. Waldo, P.C., Washington City D.C.
John P. Waldo, P.C., Washington City D.C.
John P. Waldo

Proctor, Cuyahoga Co, Ky 20 th Sept 1854
Sir
Since I sent you the proceedings of the Estell county court & some affidavits, I have records of the Comptroller N.C. and additional certificates of John Mc Queen, I suppose he made a mistake in the first, as I see he refers to the same Books, pages etc. but mistook the members of Ex -
I have the honor to be
To L. P. Waldo Esq. Washington city D.C.
your very obedient servant
W. M. Fullerton
PS. In the case of John Liles of Perry Ky. I have not the edition of the pension laws you refer to, I have only that published in the year 1849. I would be glad you would furnish me with the decision you refer to or such instructions, as will enable me to proceed with the case, if I choose to open it.
W. M. Fullerton

Proctor avery co Ky 300 Sept 1854
Sir,
I received from the Comptroller Mr W. J. Clark a certificate in the name of John McLean, by our last mail, and herewith enclose the the same to you. I shall endeavour to identify the applicant if possible, if his statement and certificate, has not already identified him.
I will announce to you when the proof is complete.
I have the honor to be your very obedient Servant
To J P Waldo Esqr Washington city D C
W. M. Fulkerson
15- 0 0 2 13 4 22 10 0 40 3 4 20 5) 803 (100

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L P Waldo Esqr Washington City D.C.
[Faint, mirrored bleed-through text from the reverse side of the page]

Proctor, Owens, County Ky. 15 th Nov. 1854
Sir,
I herewith enclose to you the affidavit of Mr. Patrick in the case of Mrs. Rachael White of this county. I announced to you in my last communication in which I enclosed to you the affidavit of John McQueen, that you might close her case, not knowing that Mr. Patrick intended to, or had anything that would aid in her claim. I again say that her claim, is fully established, and there is no further testimony to be had, and so you can close the case.
I also enclose to you the affidavit of Mr. Hacker of Perry, in behalf of John McQueen of Estell. Mr. McQueen in his declaration he refers to Hacker. I wrote to Mr. Henry Brooks of Hazard to take his statement which he done, and in regard to the case Mr. Hacker was in a situation to know and give full detail of his service, and from it you see he was in a situation to know all about the applicant while in the fort.
I am bound to think you are a little too rigid in adjusting the claims of the remaining claimants of the Revolution, and in this I mean no disrespect to you, but this has were honest conclusions, and I had so come, and formed them, from the repeated frauds heretofore practiced upon the Department, but ought this to have a tendency to injure an meritorious claimant? I think not!
Then McQueen has according to his papers on file, and which is

now before you established his claim beyond a doubt.
Now you seemed to presume in your last communication that the term had been so long that the presumption was against his claim, but it was his misfortune, too indeed how can a Judge raise a presumption unless the law does it. A Judge knows nothing only from the proof before him and the law. But to show the neglect that is common to all. In the first settlement of Kentucky (or the dark and blood procured then called) there was many patents issued from King George the 3rd to some of his distinguished subjects and situated in Kentucky, then Virginia. In the course of time Junior patents were issued by the Governments of Virginia and afterwards by Kentucky, great strife arose, and about the feint lands in the state. The Legislature finally passed a law for the benefit of the tenants in possession, it was this. A holding adverse possession 20 years with an enclosure held it against all, and was a title complete, I can show you hundreds of cases where persons owning the feint lands in the state with a Patent, and having the absolute title to the same, suffered the tenants in possession to hold undisturbed until the 20 years expired, and those lands worth hundreds and thousands of dollars. Such is our negligent dispositions! Me. Linn has only layed still for about 12 or 18 years too long, that is Judging from your last decision in his case however, not like the land illustration, for there was a specific statute passed, and in his there is none.
I do not desire to be

boobiesome, and I hope you will not so consider me for it will be expected by the applicant that I render all the aid that I can in his cause, and he has none beyond any doubt, made out his case, How? In three ways, 1st by record testimony, 2nd by parol proof, and 3rd by traditionary proof . Is not ample and sufficient? Then your presumptions has been fully and fairly allayed, Let Justice be done, Diat Justitiam!
I wrote to Mr Brooks in regard to the papers of John Fields late of Perry. He informs me that they have been found, but did not say whether they was spread on the Record, or whether simply a declaration. Will you say whether a copy will do, or whether you must have the original. Mr Stephen Fields at the last circuit court of Perry, made an affida- vit in which he stated that he was present when his father made his first statement, and it was handed to the clerk. It was sent to me and I would have sent it to you before this time but knowing the case was gone by Appeal I did not.
2. J P Waldo Esq } Washington city } D.C. }
I have the honor to be your very obedient servant Wm M Sellerson
PS. I will have it opened just as soon as I can. I wrote to Mr Tipton for the late Revision of the Pension laws, and enclosed the money, I hope he will send it immediately.

Case examined by the Dodge after this letter was written,

Sir
Pension office
August 3rd 1858
" I have carefully re-examined the . . . . .
" The only circumstance John Walker who shows anything of his " services, at the time of its rendition, was a mere boy. " It will, probably, be safe to admit that his affidavit " sufficiently proves that M c Queen was in service; " but how shall I arrive at a just conclusion " in relation to the length of his service? I cannot " compute it by the amount of pay received by a man " or men of his name, because the comptroller's certificate " is too indefinite to justify me in the conclusion " that there was but one man of his name in the " North Carolina Service. I would suggest the " propriety of obtaining from the Comptroller of A.C. " information as to the District in which the payments " mentioned in his certificate were made, and " fixing the County if possible in which the soldier " lived.
I am respectfully your obedient Servant
J Elliot, Commissioner

James W. Moor To Affidavit in the case of John McLean of Estill County Kentucky.
Revolutionary claim under act 7 th June 1832

State of Kentucky Ky 333 Adair County, Ky 333 Ad.
On this 13 th day of March 1855, personally appeared before the undersigned a Justice of the peace of said county, James W. Moor, and after being duly sworn according to law, states upon his oath that he has  is well acquainted with John McQueen of Estill County Ky. who was an applicant for a pension under the act of the 7 th June 1832. That he is now a regular ordained Minister of the gospel and of the Baptist Church. That he has known said McQueen for 30 years, and from all the information that he has now before him, and what he has known of him heretofore that his claim as a revolutionary soldier from the State of North Carolina is just and true, and ought to be allowed. That the applicant was a very strange and singular man and one of small intellect. That he has been a resident of this county previous to his removal to Estill.
He further states that beside from all the conversations, and his knowledge of the said McQueen, he had a general reputation of a revolutionary soldier, and that reputation was general, and acknowledged by all. That he has no interest in his claim whatever neither directly or indirectly, nor is he akin to him in any way. J. W. Moor
Sworn to and subscribed this 13 th March 1855, and I further certify that the above

named Jas. W. Mott, is a regular ordained Minis- -ter of the Baptist Church and is of high standing and that S d John McQueen formerly of this County had a reputation of a revolutionary soldier, and of a general character.
1855-
Given under my hand this 13 th March
State of Kentucky
M c Brewer J. P. etc.
Ansley County set
I Daniel Bleapp Clerk of the Circuit Court of said County do hereby certify that Harrell Brewer is an acting Justice of the Peace of S d County whose genuine signature appears thereto, duly com- missioned and sworn and that all his official acts are entitled to full faith and credit
In testimony whereof I have hereunto affixed my official seal, this 13 th day of March 1855-
D. Bleapp, Clerk

L P Waldo Esq., Washington City, D.C.

Procter Acorsley Co Ky 5 th Feby 1855-
Sir
I herewith enclose to you the affidavits of William McQueen & Daniel Hoover in the case of John McQueen late of this county. I also enclose to you the letter of Judge Quinn written by himself. I beg of you to examine all the papers in the case again, and then I refer you to the late revision of the Pension Laws by Mr Tiptlett late chief clerk of the pension office. Your last letter requires proof by some person who was an associate soldier, or who had the chance to know of the service of John. I refer you to the affidavit of John Hacker of Perry County Ky, and he stated as a man of veracity, and why should his statement be disregarded now if you think by retaking the affidavit of Hacker it would throw any additional light on the subject I will have it taken if he is now living. In the name of Justice, equity, right and friendship I ask you to allow the claim. All has been done that can be done and you see from Judge Quinn's letter the case has been conducted in a proper manner. Why then reject it, when the proof is fully up to the requirements of the law!
I have the honor to
be your obedient servant
To J. Waldo Esqr Washington City D.C.
W. M. Fulkerson

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State of North Carolina Comptroller's Office
I, William J. Clarke Comptroller of public accounts in and for the State aforesaid do hereby certify that it appears of record in said Office among the payments made to sundry persons for Military services in the Revolutionary war as follows to wit: "John M c Queen".
Book No. 180. £32. 15. do. Specie Wilmington " 7 " 2 Page 79 £2. 13. 4 Specie Newbern " " 4 " 13 £22. 10. do. Specie Salem
In testimony whereof I have hereunto subscribed my name and affixed the seal of Office of said State, this September 6 th 1854.
Wm. J. Clarke, Compt.
  £  32  15     "  2  13  4    "  22  10     £  57  38  4  

Shawnee Estill County Ky 4 th Feby 1856
I Minot Esq
Dear Sir
I feel it but an act of Justice to make a Statement in the case of John M c Queen late of this County now deceased who was an applicant for a pension under the act of Congress passed the 7 th June 1832 (the name is sometimes spelt McQuinn). I have already made a Statement officially. I now make one individually & out of court. I attended to an examination of P c McQueen upon all points minutely, & his answers was all put down correctly just as & according to his response. I have known him personally 35 or 40 years, & during that time he claim'd to have served in the Revolutionary war, pretty much as he has stated in his declaration. He was a backwoodsman in the full sense of the term. so bred & raised, besides that he was a man of quite limited intellect, & whilst able to support himself with his gun, care is very little for any thing else. His age, I have no doubt was as much as stated in his declaration. In view of Justice, I honestly think his claim is a meritorious one. I am no ways of kin to said applicant, & no interest directly or indirectly in the success of the claim, but acted alone by a deep feeling of gratitude to our ancestry who achieved for us the pearl of great price, having experienced all the hardships & privation of a soldiers life through out

and the 2 nd war with Great Britain, I feel it only as a feeble act of duty to say this much for one of the old revolutionary patriots however much my feelings may be enlisted in favour of the old Revolutioners, I feel that I would be the last, to ask for the allowance of an unjust or doubtful claim, I have frequently admired the wholesome precaution used by your department to guard against fraudulent Claims, & being a zealous supporter of the present Administration, as well as many other considerations forbid any statement from me of an unprovable nature. I am your Obedient Servt A W Quinn
State of Kentucky Estill County
I Thomas H. Carson Clerk of the Court for the County aforesaid do hereby certify that A W Quinn whose signature is affixed to the foregoing signature letter, is (& was at the time of John McQueen declaration for a petition) Judge of the Estill County & Quarterly Courts & that his said signature is genuine. In testimony whereof I have hereto set my hand & affixed the seal of my office this 4 th day of February 1856. Th. H. Carson Clerk

Charles H. March
Pension office John McLean Lucen - Rep. 1832
Cal
Free C.P.
J. Minot Esqr (commissioner "Pensions") Washington City D.C.

Procts. New Sley County, Ky 27 th May 1857
Sir: I herewith enclose to you a letter from Mr William McLean administrator of his father.
You will see by looking into the case, that no one ever had anything to do with it but myself. You will also find a power of atty on file to me from Wm McLean, and the certificate of Pardon was endorsed on his name.
I refer the Secretary of the Interior to my letter asking for the appeal, and if it has not been preserved I would like to be heard a new on the subject, as there is some points (and nice ones too) that perhaps might be overlooked.
I have the honor to be your very obedient servant
W. M. Fulkerson