Revolutionary War Pension and Bounty Land Warrant Application File S. 15,286, for Hugh Mc Vay, North Carolina

SERVICE
McVay, Hugh
NUMBER
N. b. S. b.
S. 15.286
carded.
CONTENTS
Twelve horizontal dotted lines for writing.
Twelve horizontal dotted lines for writing.

7199
Kentucky
Hugh M. Way
of Caldwell Co in the State of Kentucky who was a private in the Company commanded by Captain Payne of the Regt. commanded by Col. Payne in the Virginia mili- tia for 15 days from '78 N.C. and S.C.
aw Oct. 1. 08
Inscribed on the Roll of Kentucky the rate of 50 Dollars 00 Cents per annum commence on the 4th day of March, 1831.
Certificate of Pension issued the 14 day of March 1833 and sent to Thos. Hays Esq. Princeton Ky
Arrears to the 4th of March 1833. $ 100.00 Semi-ant. allowance ending 4 Sept 1833 25.00
$125.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Williams Clerk Book 6 Vol. 7 Page 18

No 20961 Hugh McVay - Caldwell Kentucky County
Allowance $50 from 1778
Thomas Haynes Princeton Kentucky

BRIEF in the case of  Hugh McVay  County of Caldwell  in the State of  Kentucky  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? a Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 90  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Vol - In 1778. 3 Private Gen. Capt Payne Col Payne   Vol 3 " " Rodgys. Col Williamson   Grafted 9 " Capt Goures Col Moore  
 5. In what battles was he engaged? Several Skirmishes - Sullivan's Island  6. Where did he reside when he entered the service? Halifax Co Va.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? traditional Evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
J. H. Castor Examining Clerk.

State of Kentucky, Caldwell County ss:
On this 29 th day of August 1832 personally appeared in open court before Col. C. Miller, W. A. Rucker, John W. Marshall, & S. M. Ashe justices of the County Court of Caldwell County State of Kentucky, now sitting, Hugh McVay, resident of said County, State, aged Ninety two  Last April years, who being first duly sworn according to law, doth on his oath, make the following declaration in order to obtain the benefits of the act of Congress, passed June 7. 1832. That he entered the service of the United States, under the following named officers and served as herein stated to wit: That he entered the service first in the County of Caswell, State of North Carolina about the year 1778 (as he thinks) as a Volunteer in the militia of that State for three months against the Tories towards Cape Fear & Georgetown. That in this expedition he served under Capt. Wm Payne Volunt. Wm Pratt, Ohio Regt. was Commanded by Colo. John Payne - That there were two Regts. in the expedition as he thinks, but the Colo. of the other Regt. is not remembered - That in this expedition we encountered the Tories at a bridge called Cross Creek Bridge and dispersed them, which broke them up in that quarter, and after serving the term of three months we were discharged. That shortly after this expedition he went into Laurence County, South Carolina, in the frontier, where he had a brother living - that shortly after arriving there Indians and Tories broke out & commenced their depredations on the frontier, and he again volunteered in the said County of Laurence and joined a Company Commanded by Capt. John Rodgers, and the Regt. to which this Company belonged was Commanded by Colo. Williamson (who was afterwards a General) - the Lieutenant of the Company was John Lacey - that this expedition was three months, during which we had four several engagements with Tories and Indians: First at Lindlay's fort in which we gained a Victory, and took some Tory prisoners; next at an Indian town called Sinico, on Sinico river, where we again beat them - next at Tugulo river where we fought across the river, and again they retreated, and we crossed the river and destroyed their town, Com. &c - That we returned towards Sinico, and came to Ring battle, where a severe battle was fought - the enemy at one time had nearly surrounded our forces, but we at length gained a complete Victory over them, after a hard contest - This finished the war in that quarter for the time, and the Indians sued to the Governor for a treaty of peace, which he thinks was entered into, but soon after he returned to Caswell

County, North Carolina, and was drafted again into the service in the militia of the state, six being required out of every captain's company. That the draft was for nine months, and the service was against the Tories & British - that the rendezvous was at Hillsboro - that he belonged to Capt. Graves' Company, and to Col. Moore's Regt. - that they marched from Hillsboro to Padee & the Cheraw Hills near the state line where various skirmishes & fighting took place by scouting parties - that scouting parties were sent out wherever the enemy were supposed to be posted, and we continued in this quarter during the whole nine months, during which time, the battle at Sullivan's Island and at Georgetown took place, but the Regt. to which he belonged was not in either of these battles, being ordered against the Tories and British about the Cheraws. That after the expiration of term, he was discharged by his captain, and was not again called into service. That he served with, Hays, Pratt, Tapp and others, but whether any are living he knows not, nor does he know of any living person by whom he can prove positively his service. The court propounded the interrogatories to him, as directed by the War department, to which he answered, that he was born the 18 th April 1741 in the County of Richmond, Virginia, on the Rappahannock river, and when young, moved to Lunenburg County, on waters of Roanoke - then to Halifax County, and lived there till about the time of the Revolution, and then moved to Caswell County, North Carolina, and was about 35 years of age when he entered the service there - that after the war he moved to South Carolina, and lived there about 23 years, and moved from to Tennessee awhile, and then moved to this County where he has lived upwards of 20 years, and is now extremely old; that he has now no record of his age, having lost it - in the time of the revolution, and keeps his age now by his memory - that he received a discharge in writing from the service which he rendered, but it has been worn out & lost many years ago, and his officers having died, he could never get it renewed. That in his present neighbourhood, he is known to Arnold Jacob, Henry Machen, Thos. Hill, Thos. Jackson, Wm. Ford, Rev. Jas. Mansfield and many others could testify as to his character for veracity, and their belief of his services as a soldier of the Revolution. He hereby relinquishes 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.
Sworn to and subscribed the day and year aforesaid.
Hugh McVay
We John Barnett a Clergyman and William Ford residing in the county of Caldwell & state of Kentucky hereby certify that we are well acquainted with Hugh McVay who has subscribed and sworn to the above declaration; that we believe him to be eighty 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 before me
Ch. B. Callan D.C.
John Barnett John Jones W. Ford
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 John Barnett who has signed the above certificate is a Clergyman, resident in the said county of Caldwell, and that John Jones and William Ford who have also signed the same are residents of the same county, and are credible persons, and that their statement is entitled to credit.
Jno W Marshall D.C. M. A. Rice D.C. James H. Walker D.C. Sam M. Asher D.C.
Jonathan S. Callan Clerk of the said county court of Caldwell in the state of Kentucky, do hereby certify that the foregoing

Contains the original proceedings of the said Court, in the matter of the application of Hugh McVay for a pension.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court, the 20 th day of August 1832 56 th year of the Commonwealth.
N. S. Dallam
Hugh McVay
Deed.
1822.
Hugh McVay
Heirs of Hugh McVay
20901

15.286 INVALID.
File No. 15. 286
Hough M c Vay Miss. R. L. Wm.
Act: June 7 th 1832.
Index:—Vol. 1 , Page 248
[Arrangement of 1870.]

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Hugh McVay which require further proof or explanation.
I. Does the declaration show where the applicant resides? II. Did the declarant make the declaration in the county where he resides? III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? VI. Has he given the names of the officers under whom he served, in conformity with the regulations? VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? VIII. Has the Court given their opinion? IX. Has the Clerk given his certificate? X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? XVI. ‡ Are the papers authenticated as the regulations direct? XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
 EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
¶ In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.