Revolutionary War Pension and Bounty Land Warrant Application File S. 31847, for John Mc Cartney, North Carolina

SERVICE
NUMBER
966
McCartney John.
8. 31.847
CONTENTS

Alabama B.344.
John W. Cartney.
of Madison in the State of Alabama who was a Private in the Company commanded by Captain Wilson of the Regt. commanded by Col. Hobson in the War of the line for 15 mos. & 12 days.
57 34 / 100
Inscribed on the Roll of Alabama at the rate of 57. Dollars 34 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 2 nd day of July 1832. and sent to H. C. Clay Huntsville Ala.
Arrears to the 14th of March 1831 102.58 Pension allowance ending Sept 30 25.67
128.35
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. W. Palmer Clerk, Book 6 Vol. 8 Page 48 .

State of Alabama } Madison County } Circuit Court
On this 29 day of October 1832 personally ap- peared "open Court before the Hon. William S. Hader Judge presiding, in said Circuit Court. John McCarney a resident of said County of Madison, twenty three years of age, who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June the 7. 1832. That he entered the service of the United States under the following named officers, and served as herein stated. That he entered the service of the United States under in the fall of the year 1777 as a militia man being drafted from Washington County North Carolina now part of East Tennessee to go the defence of Charleston in the State of South Carolina. Affiant states that draft was for six months, that he was mustered into service, and some short time after this, the expedition to Charleston was given over and instead of it he was marched against the Chieymanga Indians the army to which he belonged was stationed at Chieymanga Creek near what is called the big Lick a part of the Tennessee River, there he assisted in in taking and destroying Chieymanga's town and in killing several Indians in a battle that was fought there. He states his commanding officers were Col. Nelson Capt. Robert Cal and believe that Col. Shelby was comm- ander in chief but cannot distinctly remember. He further states that the whole of this expedition was

in the term of the draft of the six months and that when they returned to their homes the term of service had just expired. About two years after this expedition having removed into Green County in Tennessee officer volunteered under Col. James Stenson this Col. Stenson his Col and Camp with his Gen this army after he joined it was stationed a short time at Long Creek Vallechu Key Stone marched into the under the Cherokee nation to Chucky town the army consisting of two regiments was divided into scouting parties of from fifty to two hundred men each. On this expedition officer by order of his commanding officer as an Indian Spy being selected as are fit for that dangerous and responsible duty officer states that he was engaged in this enemy service throughout this campaign and in that capacity he ranged over almost the whole nation being in active service in this campaign six weeks. There were many Indians killed and many taken prisoners by this scouting army. After this expedition officer frequently volunteered to defend the frontier from the invasions of the Indians who frequently made inroads into the settlement and would kill all the families they could until repelled by the soldiers. After this expedition officer has no doubt but that during the Revolution he was actively engaged in this kind of service eight months after deducting the above described campaigns previously described, shortly after this officer moved into the State of Georgia and vol volunteered under Col. Ellis in Linn State in W. Va. the army consisted of about 1000 men Col. Freeman and Gen. Clark commanded with this army officer went into the country of the Creek Indians the warriors of this nation were then on their

march to the settlement of the white, being met by this army at a place called Beaver Run of fear was in this battle occurred immediately the Indians being much more numerous than the Whites fought desperately for a short time but after several had been killed supposed to be about 40 in number they retired into the Beaver Run, of fear was in this battle and there were about six or seven whites killed there and among the number slain was officer's brother. Shortly after this a Treaty was effected with this tribe of Indians the Tribe of Pishington
In the Second expedition shall be described we had a battle with the Indians on Sayd's Creek, which he forgot to mention in his deposition Officer was born in Guilford County in the State of
North Carolina, he had no record of his age but from the best information he can get he believes he was born about the year of 1857, his age was set down in a family Bible, which was lost after his mother's death. He further states he never got a written dis- charge that he recollects of. Since the Revolutionary War officer lived some years in the State of Georgia then moved to this county of Madison where he has lived ever since. He further states he knows of no one living, by whom he can prove his services. He hereby relinquishes every claim whatever whatsoever to a pension or annuity, except the present and declared that his name is not on the pension roll of the agency of any of any state in
Sworn to & Subscribed in open Court 29 October 1832 John McCartney McCarty Sen L. Head clerk We Grogg & Kelly a chirograph recording in the

said County of Madison and David Branton residing in the same, hereby certify that we are well acquainted with the said John McCartney sen, who has subscribed and sworn to the above Declaration, that we believe him to be seventy three years of age that he is respected and beloved in the neighbourhood where he resided to have been a soldier of the Revolutionary
Revolution, and that we concur in that opinion Sworn to & Subscribed in open court 29 th October 1832 Geo h H Kelley Sed. Pleas clerk I and Branton
And the said court doth hereby declare its opinion after the investigation of the matter, and after putting the interrogatories prescribed by the War
Department, the above named applicant was a Revolutionary soldier and served as he states
And the Court further certifies it appears to it that George H Kelley who has subscribed the preceding certificate is a clergyman residing in the said County of Madison and that David Branton who has also signed the same is a resident in the said County and is a credible person, and that their statement is entitled to credit W. J. Adair
Samuel Mead, Clerk of the Superior Court of the said County of Madison do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John McCartney sen for a pension
In testimony whereof I have hereunto set my hand and seal at office this day of twenty fourth day of October in the year of our Lord one thousand eight hundred and thirty two 187th year of American Independence
L. Mead

State of North Carolina , Washington County. I HEREBY certify, That John M c Carry this Day appeared before me, one of the Justices of the said County, and took the Oath of Allegiance, agreeable to Law. Given under my Hand this 30 th Day of Septem r Anno Dom. 1775.
Joseph Wilson

13.344.
John M c Cartney Madison County Alabama
Adm 15 Months and 12 days.
50. 1. 11 13 11. 34
Hon C. C. Clay Huntsville Alabama

WAR DEPARTMENT,
Pension Office,
15 th June - 1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of John McCartney, Madison Co. Ala. baw.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     July of 1777 6 Capt. Willson 73 years Academy   79 49 Col. Robeson. N o Carolina   Capt. Henson   Col. Lewis   Gen. Campbell   Says his service over and above   That state of above was Eight Months  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I, _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____, who has hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful to the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[6] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Rev. & 1812 War Section
med February 17, 1927
Mrs. Lillian T. Wall Columbia, R. F. D. #4 S. C.
Madam:
I have to advise you that from the papers in the Revolutionary War pension claim, S. 31847, it appears that John McCartney was born in 1759 in Guilford County, North Carolina.
He enlisted in Washington County, North Carolina (which was later Tennessee) in the fall of 1777 and served six months in Captain P. Wilson's Company in Colonel Robeson's North Carolina Regiment; he was in a battle with the Chickamauga Indians and aided in burning their towns.
Having moved to Greene County, North Carolina, (which was later Tennessee) he enlisted in 1779 or 1780 and served six weeks as an Indian spy in Captain James Stinson's Company in Colonel Sevier's North Carolina Regiment; he was in a battle with the Indians on Boyd's Creek.
He then served at various times, about eight months in all, and was engaged in defending the frontier against the Indians.
He then moved to Georgia and enlisted in Wilkes County, Georgia, in Captain Ellsboro's Company in Colonel Freeman's

Georgia Regiment and was in the battle of Beaver River, length of service not stated.
He was allowed pension on his application executed October 29, 1832, at which time he was a resident of Madison County, Alabama.
There is no data on file relative to his family.
This is the only soldier by the name of John McCartney that is found on the Revolutionary War records of this bureau.
Respectfully,
E. W. MORGAN Acting Commissioner

31847 Rev INVALID.
File No. 31,847
John M c Cartney P ri Rev War
Act: June 7 th 82 nd
Index:—Vol. 9, Page 262
[Arrangement of 1870.]
1927 Feb. 17. let. to Mrs. Sillian T. Wall See letter in case of Jas. Cotton W. 1942 m c s 1927 May 12. Mrs. Sillian T. Wall. advised as to date of death of soldier m c s 1928 Mar. 20. m c s Lillian T. Wall advised as to late residence that soldier is receiving pension m c s

Rev. & 1812 Wars Section
W. S.
May 12, 1927
Mrs. Lillian T. Wall Columbia, R.F.D. #4 S.C.
Madam:
I have to advise you that in order to obtain the date of last payment of pension, name and address of person to whom paid and possibly the date of death of the Revolutionary War pensioner, John McCartney, S. 31847, you should apply to the Records Division, General Accounting Office, Washington, D.C., citing all of the following data:
John McCartney, Certificate 13344, issued July 2, 1833, rate $51.34 per annum, commenced March 4, 1831, Act of June 7, 1832, Alabama Agency.
Respectfully,
WINFIELD SCOTT Commissioner

Rev.&1812 Wars Section. mmf
March 20, 1928.
Mrs. Lillian T. Wall, Route 4, Columbia, South Carolina.
Madam:
I advise you relative to the Revolutionary War pensioner John McCartney, S. 31847, whose history was furnished you February 17, 1927, that from the papers on file in this Bureau it does not appear that he lived in Mississippi.
His pension was allowed as stated in Bureau letter of February 17, 1927, and on May 12, 1927 you were advised how to obtain date of last payment of his pension, the name and address of person paid, etc.
Respectfully,
WINFIELD SCOTT, Commissioner.

Columbia, S. C.
March 12-1927
Bureau of Pensions, Washington, D. C.
Your copy of pension records of James Cotton and John McCartney received for which I thank you.
You do not give the year of John McCartney's death, pension claim S. 31847. If that is in

the record please send it to me as that date is of special interest.
Yours truly
(Mrs.) Lillian T. Wall Columbia, S. C. R. F. D. # 4
Referring to Rev. & 1812 War Section claim S. 31847.

Rev. +1812 Wars Section
Columbia, S. C. 4
March 5 th 1927
Winfield Scott, commissioner
Bureau of Pensions
Washington, D. C.
I have the following information from your Bureau on Revolutionary War pension claim S. 31847:
John McCartney was born in Guilford Co. N. C.
He enlisted in Washington County, North Carolina (which was later Tennessee) in the fall of 1777 and served six months.
Having moved to Greene County, North Carolina (which was later Tennessee) he enlisted in 1779 or 1780 and served six weeks.
He then served at various times, about eight months in all, and was engaged in defending the

war against the Indians.
He then moved to Georgia and enlisted in Wilkes County, Georgia.
He was allowed pension on his application executed October 29, 1833, at which time he was a resident of Madison County, Alabama.
There is no data on file relative to his family.
This is the only soldier by the name of John McCarthey that is found on the Revolutionary War records of the Bureau.
His service record is given but I send the dates only of enlistment.
From Madison County, Alabama he removed to Mississippi some time after 1837. John McCarthey died in Lafayette County, Mississippi.

October 1 st 1852. His wife was Mary Cotton, I do not know whether she survived him. I wish to know if this John McCarthy drew a pension on the above claim.
I thank you for your prompt reply.
Yours truly
(Mrs.) Lillian J. Wall Columbia, S. C. #4

Washington City - March 3 d 1833.
J. L. Edwards Esq r
Sir,
Enclosed you have the application of Mr. John M c Cartney, a notorious old gentleman, in very mod- erate circumstances, for a pension. I should be greatly obliged, if you would examine it, & let me know from you before I have had; say on the 5 th
very respectfully, your obed. serv t
A. C. Clay.