Revolutionary War Pension and Bounty Land Warrant Application File S. 4199, for Daniel Mc Mahon, North Carolina

SERVICE
NUMBER
nl.
McMahon, Daniel
S.4199.
Guarded
CONTENTS
-NC

19027 West Tennessee
Daniel McMahon Wm. son's in the State of Tennessee who was a Private in the company commanded by Captain Harrison of the Regiment commanded by Col. Sanders in the Tennessee line for Eleven months
Inscribed on the Roll of Wm. Leverage the rate of 36 Dollars 66 Cents per annum, commence on the 4th day of March, 1831.
Certificate of Pension issued the 26 day of July 1833 and David Preston Navy Franklin
Arrears to the 4th of March 73.32 Pensant. allowance ending Sept 18.33 $91.65
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by John Boyd Clerk,
Book 6 Vol. 7 Page 89

State of Tennessee McMinnson County. On this 29 th day of August 1832, personally appeared in open court before me Thomas Stuart Judge presiding for the 11 th judicial circuit court of law and equity for the state of Tennessee Daniel McMahan aged 81 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 act of conspiracy passed 7 th June 1832. That he entered the service of the United States and served as herein stated. That he entered the service of the U.S. under the following named officers. That he entered the service of the U.S. in October 1779. He was at that time living in N Carolina Orange County. He was in his 28 th year of age. He was drafted in the militia service. The company to which to which he belonged, was commanded by Capt. William Jamieson. This company was attached to Col. Saunders' Regiment, which was attached to the brigade commanded by Gen. Rutherford, and this to Gen. Lin- coln's Division. He was first marched with the company commanded by Jamieson to Purysburgh. However he had not marched more than 30 miles on this route when it was ascertained that Capt. Jamieson had forgot his commission at his own house and this applicant being tolerable intimate with his capt. he was requested by him to return and get it. He obtained a furlough (as the times were dangerous) to remain until the next company of draftsmen came on which was in less than a month after. He then returned and joined the company under Capt. Jamieson at Purysburgh where Gen. Lincoln commanded a considerable force. He had not been long at this place when Gen. Lincoln ordered about 15 hundred men of whom he was one

commanded by Gen Rutherford and Col James Saunders, to march to a place called the Two Sisters on the Savannah River. The British under Cornwallis were on the opposite side of the River. The Governor of Georgia's house was situated near the Two Sisters and on the opposite side of the River and when this applicant with his comrades arrived the Governor came over. Gen Lincoln with his army soon after coming to the same place, Cornwallis retreated lower down the River towards Savannah City. He had not been long at the Two Sisters when his time of six months for which he was drafted expired. But he remained ten days longer in consequence of the recruits not having arrived sooner. His Capt. Gen Lincoln gave him his discharge of six months service and he returned home to Orange County N Carolina and was there there but a short time until he was again drafted for a three months tour. He thinks this was in May 1780 about the time Charleston fell into the possession of the British. Capt William Williamson was his commanding officer. He was stationed at Hillsborough N Carolina. Capt Saylor soon after took the com- mand of this company in the place of Capt Williamson. This arrangement was effected by its falling to Saylor by lot. He remained here guarding the Magazines from the British until his tour of 3 months was expired when he a second time returned home to Orange County North Carolina.

He obtained a discharge this time also, but like his first he does not recollect what has become of it. After he had been at home some short time he took a certain deserter prisoner by the name of John Hell and delivered him up to the proper authorities for which service he obtained a discharge for three months service. There was a law to that effect. He then the same time he does not recollect but thinks it was in 1781 volunteered a tour of about one month with about twenty five men under Capt. Williams against a body of Tories of about fifty in number under Col. Fannell, who were doing great mischief in the neighborhood of Deep River in Chatham County. He marched by Guilford and pursued them across Deep River where they escaped & were protected by the enemy. He recollects another tour of one month in which he volunteered under James Walker Capt., and Nathaniel Rochester Col. He marched from Hillsborough to Campbell's town below Cross Creek or Cape Fear River. This expedition was against the Tories who had collected in those parts but before he arrived there Gen. Moore had defeated and drove them over where they were protected by the enemy. He knows of no person in this country living except Thomas Ragsam who can prove his services as he has stated. He has no documentary evidence of that fact. He was born in Philadelphia Penn. in the year 1751. He has a record of his age in his own bible now in his possession. He lived in Orange County at Carolina up to 1799 when he moved to Williamson County Tennessee where he has been living ever since and now lives. He knows of no officers that were

were with the troops when he served except those states He states Thomas L Douglass Wm G Childers David Young man and Wright Stanley who can testify to his veracity and their belief of his services in the revolution He hereby relinquishes every claim whatever to a pension or annuity, except the present and declares his name is not on the pension roll of any agency of any state Sworn to and subscribed this day & Year aforesaid Preston Keay clk &c. Daniel McManon
We Thomas L Douglass a clergyman resident in the county of Williamson and state of Tennessee and William G Childers David Young man & Wright Stanley of the same county and state do hereby certify that we are acquainted with Daniel McManon who has subscribed and sworn to the above declaration, that we believe him to be 81 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 to and subscribed the day and year aforesaid
Preston Keay clk &c.
Thos. L. Douglass Wm. G. Childers David Youngman Wright Stanley

21921
Daniel M Mahon L
l. i. m
from 1779 minute 11 months.
$36. \frac{66}{100}
Franklin
Preston Hays C. Air Court W. Johnson Co Y

WAR DEPARTMENT,
Pension Office,
Sir: .
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of Daniel McMahan William & Co.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     draft John '79 1 pr Capt Jameson Col Sanders NC & Ga 89. Orange Co NC Trad. Firtnerp who swears he saw him in service   draft May 80 3 " " Wmson "   draft '81 about 1. " " Williams " Farnelle   1 " " Falken " Rochester  
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 and C. D. residing in (the same) 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 day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate, is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

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

Jan'y - 29 - 1901 Miss. Susie Genty Franklin Penn
Rev Mar
4199
INVALID.
File No. 4199
Daniel M c Naughton
Pitt. R.R. Line
Act: June 24/82
Index:—Vol. A , Page 244
[Arrangement of 1870.]

The amended declaration of Daniel M c Mahon for a pension
State of Tennessee } In this 21 st day of May A D 1833 Williamson County } personally appeared before me the undersigned a Justice of the peace for Williamson County aforesaid who being duly sworn according to law doth depose and say that by reason of old age and 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 mention below and in the following grades that is to say
In the first tour mentioned in my declaration 1 For six months I served as a private ..... 6 Months
In the second tour mentioned in my declaration 2 For three months, I served as a private ..... 3 Months
In the third tour mentioned in my declaration 3 For one month I served as a private ..... 1 Month
In the fourth tour mentioned in my declaration 4 For one month I served as a private ..... 1 Month
Making in all eleven months service, (besides the three months I was allowed for taking and capturing a prisoner which I am not allowed to claim for) and for such service I claim a pension
- Sworn to and subscribed before } Daniel M c Mahon - Me this day and year above } written John W m Miller Jp }

State of Tennessee Williamson County } I Thomas Hardeman clerk of the court of pleas and quarter sessions for Williamson County and state aforesaid. do hereby certify that John W Miller, before whom the within affidavit was taken and whose signature is attached to the same is and was at the time of the making thereof an anointed Justice of the Peace in and for said county of Williamson, that said signature is in his proper hand writing, and that full faith and credit are due his official act, as such. In Testimony whereof I have hereunto set my hand and seal of office this 30 th day of May A.D. 1833
Thomas Hardeman

Thomas Ragain No kinship that I have been acquainted with Mr Daniel McWhorter about fifty years I saw him while in the service frequently I saw him in the expedition against a parcel of Tories about 800 strong on Cape Fear River Capt Moore defeated them I was in that battle I saw him when at Hillsborough under Capt. Moore when he was surrounded the enemy  was I saw him while in another tour, but do not distinctly recollect the Capt he was under but think it was Capt Williams we were very intimate with each other and I lived in about a half a mile of him in Orange County North Carolina I have read his declaration and with regard to that part of his service which I did not see him in, being myself in other parts of the service at the least doubt of his having been there also. I am sure he began to be aware of his  entering  the  service of his taking the  oath  of  office  as  soon  as well This the day and year aforesaid
Sworn to and subscribed in open court. P. Hayek etc.
Thomas Ragain

And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories presented 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 Thomas L Douglas who has signed the preceding document is a clergyman resident in the County of Williamson and state of Tennessee and that William G Childs, Wright Stanley and David Young men who have also signed the same are residents in the county and state aforesaid and are credible persons and that their statement is entitled to credit
Thos Stuart Judge of C
I Preston Hays clerk of the circuit court of Williamson County state of Tennessee do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Daniel Mc Mahon for a pension In testimony whereof I have hereunto set my hand and my seal  seal  there being no seal of office this 18 th day of January 1832.
Preston Hays Clerk
I Felix Grundy do certify that Preston Hays is clerk of the Circuit Court of Williamson County, and the above signatures are in his proper hand writing, I also certify that there is no seal of office for said Court given under my hand this 22 nd May 1833
Felix Grundy
Danl Mc Mahon 21921