Revolutionary War Pension and Bounty Land Warrant Application File S. 4,186, for John Mallugan, North Carolina

SERVICE
Nb.
Malligan, John
NUMBER
S 4186
CONTENTS
carded.

26653 West Tennessee
John Malligan Perry Co in the State of Tennessee who was a private in the com d commanded by Captain Black of the reg t commanded by Col. Martin in the Alabama line for 21 months and 15 days
Inscribed on the Roll of West Tennessee at the rate of 71 Dollars 66 Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 17 day of April 1834 and John W. C. Gentry H. C.
Arrears to the 4th of March 215.00 Semi-ant. allowance ending Sep t 35.83 $250.83
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Sam Boyd Clerk, Book E Vol. 7 Page 93
Died Sept 25, 1835

State of Tennessee — Court of Pleas and quarter Perry County — Sessions Jan. Term 1833 —
On this 23 rd day of January 1833 personally ap- peared in Open Court before the Justices of the Court of Pleas and quarter Sessions now sitting John Mahagan a resident of Cub Creek in the County of Perry aforesaid and State aforesaid aged Seventy nine years who being first duly sworn his oath made the following declaration in order to obtain the benefit of the act of Can- gress passed June the 7 th 1832
That he entered the service of the United States under the following named officers and served as here in stated This declaration states that he entered the service as a volunteer under Capt — Thos Hock his lieutenants name was Campbell Ensign John Duffel his Cloy was John — Percy Col. Martin commanded the Regiment to which he belonged & he entered the service on the first day of February 1777 or as near as he can recollect in the County of Gilfort North Carolina he was — marched to Brats Creek on hearing there that the British had left the Coast of Wilmington they returned here he served three weeks this four some time after — this he was marched back to the same place under the same officers as above and at the same place heard that the Forces who were most by Scotch were — defeated at Moores bridge he was — again sent home served this four three weeks also

he again entered the service under the same officers but does not recollect precisely when as he has no record but thinks in June following he joined General Rutherford's Troops at Cuthbert's Fort on Catawba River from there marched to the Cherokee Towns as we marched on and came to the pass that lead from the large Islands of Holston to the Cherokee Nation we there discovered a fresh trail of the Indians the officers sent an a detachment after them Declan we pursued them & after a fatigue march of several miles we set down to rest & the Indians who was in ambush first a head of us fired on the advance Guard before we had all got under marching orders and wounded some of our men but whether any were killed - not we do not recollect but he believes waited till the main force some came up there we separated and went to the Wally Towns Col Williamson near that place had an engagement with the Indians as he believes but Declan was left sick at the first Town sick and as he was very sick does not recollect nor does he know many particulars only as he heard it from others as then we marched home again This Town we served three months and four days he believes - Declan volunteered again under Robert Bell in the same County and State & entered the service on the 1st day of Jan. following

Lieut Campbell was again his lieut — Some May he believes as above we — marched to the high hills of Santee in South Carolina from thence we — marched back to Camden & lay there till — our time was out that we volunteered for which was three  months then we went home again.
While absent was at home or while he was not with the main army he — was out several times a week for two at a time how much not recalled nor do he wish to set it forth.
From thence he moved to wit from Gilbert County to Surry in North Carolina still shortly after he moved to Surry which was in the year 1778 or 9 he believes. there was a call for men to go to Charleston — S. Carolina he again volunteered — under Jacob Camplin who was his Capt Lieut Cook was his lieut — we marched to Salisbury in the — month of March he believes from thence to Charlett from thence we went on in to South Carolina & was by engagement to serve three months in that state we marched forth with us to Savannah River opposite Augusta then we devised a plan 1500 men proposed but absent was left to guard the baggage with a considerable number of his — fellow soldiers.

From thence they that were left to guard the baggage went down to the two Sister ferries the rest of the Troops that had crossed the River met us there from thence we marched to Bacus Bridge on Ashby River there we was taken to drive a waggan till his term of service expired The Troops had a battle at Stone & his Capt. was wounded & his the Capt's brother was wounded also but declared being at this time a waggoner was not in the engagement then he was discharged had he been in the service for 4 months this Genl Gen Butler recommended the next time he was out he he enlisted under Maj John Armstrong of the Regular service Troops he close not believe that he had any Regular Capt placed over him as that is had not been attached to any full company. we marched to Hillsborough where he declared lay same time he thinks two months after he had been in the Regular service three months from the time he enlisted he hired a man in his place by the consent of Maj Armstrong at Hillsborough and the Major gave him a furlough to go home

Which he did and from Surry County he removed to Watanga Tiers in he thinks Washington County saw Tennessee he then entered the service again a volun- teer under Capt Isaac Thom- as he thinks marched to the Cherokee Nation under Col John Sevier we had some skirmishes with the Indians he served this- term two months he believes as near as he can recollect then returned home after some little stay at home we were marched again out into the nation by Col. Sevier no fighting except skirmishes in this term we took nine Indians prisoners all women- and children he believes - he served two months this term - and then returned home _____ The next term declarant was - enlisted as a volunteer under Col. Jones again to go to the state of South Carolina from Washington County - he was marched to Santee Swamp where we joined Gen. Francis Marion we fought through that Swamp & through the Country till our time expired which was three months & declarant was march- ed home Declarant remained at - home for some three or four months time not recollected precisely _____

Then he again volunteered himself again under Col. Sevier in the above County - and marched back to South Carolina to the same swamp where we joined Gen Marian again Col Washington was - with us this time we went down Santee and crossed there up near Moncks - Corner we had heard of the British at Moncks Corner there was an hos- pital not far from the lines where we took a prisoner out of the same No thing more remarkable happened more within that the British followed us to the swamp but would not come in after us we were out this tour 3 three months which was the last tour we served in the war of the Revo- lution without it were fruitless - This declaration served twenty one months and a half in all of the war of the Revolution as above sta- ted the different Tours being there he does not recollect the precise - time he enter the service each time nor the time that is the day of the month & year he was discharge the two last Tours - he was out under Col. Sevier took a number of what men he had under him as a Capt he had about 60 or 70 men - He declaration has no document any evidence nor does he know of any person by whom he can prove his services

He 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
John his Malugan mark
We Wm F. Doherty and Alex Farlaneson both
Residing in the County of Perry and State of Tennessee hereby certify that we are well acquainted John with John Malugan who has subscribed and sworn to the above declaration that we believe him to be seventy nine years of age that he is respected and beloved 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
Wm F. Doherty
Alex Farlaneson
And the in cannot 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 Wm Doherty and Al Hartman are residents of the County aforesaid and are creditable persons & that their statement is entitled to cred it
D. J. Houston
— Questions by the
Mr Ward
John Sheppard
Court Question the first
Where and in what year were you Born
Ans In Chester County Pennsylvania as early as the year 1834, then I believe I have you any record of your age or do when is it
Ans I have none
3 Where were you living when call- ed in to service were you drafted did you Volunteer where have you lived since the revolution war and and where do you now live
Ans Guilford County North Carolina
I am live  now in Washington Davidson Dis- -trict & Perry Counties & now lives in Perry 4 How were you called into the service were you drafted were you a volunteer or were you a substi- tute & if a substitute for whom And I was a volunteer all to one term that I was a regular
5 State the names of some of the regular officers who were with the troops where you served such continual Military Regiments as you can recollect & the General circumstances of your service

Ans Col n Washington Gen l Butler Gen l Merriam and Maj r Armstrong further particulars as in my Declaration
6 did you ever receive a discharge from the service and if so by whom was it given & what has become of it
Ans I never did as the Troops were called out and dismissed I believe dismissed at a rally
7 th State the names of Persons to whom you are known known in your present neighbourhood and who can testify as to your character for veracity and their be- lief of your services as a soldier of the Revolution
Ans Wm J. Doherty & Sgt Farlaneson
I Supt Sewellen Clerk of the County Court of Perry County do hereby certify that the foregoing contains the original proceedings of the court in the matter of the application of Sabra Maglugar for a pension —
In testimony whereof I have hereunto set my hand and private seal there being no seal of office this 29 th Jan 183 before Sewellen Clerk By J. M. Laswell D. C.
Private Seal

I certify that Jesse Lewallen was at the time of signing the within certificate clerk of the court of pleas & quarter sessions for the county of Perry State of Tennessee and that J. B. Caldwell was his lawful deputy that the signatures are in the writing of said Caldwell There was no seal of office at the date of said certificate W. G. Dunlap April 15 th 1832
28.437
John McChesney
Declaration
forwards to Mr. H. G. Jones
of Tennessee

28.437
John Malligan Perry Co. Tennessee
for 1779. P- 21/4 ~ $71. \frac{66}{100} .
McCurley
Rev. W. Fitzgibbons Brennan Tennessee

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. 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, shewing the Service of John Mallon
   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.     P. Served in all 21 months. see note i  
I am, respectfully,
Your obedient servant,
JAMES 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, 1852.
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) _____ 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 [blank] and that C. D., who has also signed the same is a resident in the [blank] 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, (1) 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 inquiry 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 [i] 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.

April 11, 1933
XXXXXXXXXXXXXXXXXXXX
BA-J/EEL John Mallugan-S.4186
Mrs. N.P.Hendricks Hixson Tennessee
Dear Madam:
The data which follow were obtained from the papers on file in Revolutionary War pension claim, S.4186, based upon the military service of John Mallugan in that war.
John Mallugan was born in 1754, in Chester County, Pennsylvania. The names of his parents are not shown.
While residing in Guilford County, North Carolina, John Mallugan volunteered and served as a private with the North Carolina Troops as follows:
From February 1, 1777 or 1778, two tours of three weeks each in Captain Thomas Flack's Company, Colonel Martin's Regiment; from sometime in June, following, three months and four days under same officers and went on an expedition to the Cherokee Nation and was in several skirmishes with the savages; from January 1, following, three months in Captain Robert Bell's Company; in 1778 or 1779, he moved to Surry County, North Carolina, volunteered there a short time after his arrival, date not given, and served four months in Captain Jacob Campelin's Company; during this tour, he acted as a guard for the baggage a part of the time, and also drove a wagon; he again volunteered, date not given and served three months under Major John Armstrong; he next moved to the Watauga River in Washington County(later Tennessee), where he volunteered and served one tour of two months in Captain Isaac Thorn's Company, Colonel John Sevier's Regiment, and went on another expedition against the Cherokee Indians, and two tours of three months each under Colonel Sevier; dates of these tours not given; he stated that when at home between his different tours, he was frequently called out and served one or two weeks at a time.
Could not find any of these capt's except Robert Bell
Soldier stated that he resided in Davidson and Dickson counties,

Tennessee, after the Revolution, then moved to Perry County, Tennessee.
He was allowed pension on his application executed January 22, 1833, while residing on Cub Creek, Perry County, Tennessee.
From AB He died September 25, 1835, place not shown.
There are no data as to soldier's family.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator.

1935-Apr 11- Visit to Mrs A.P. Hendricks. Letter in case Frederick Mayberry R. 6567- 80k
Rev May
4186
INVALID.
File No. 4186
John Macallagan P.M. N.E. line
Act: June 1935
Index:—Vol. A , Page 235
[Arrangement of 1870.]

April 11, 1935
XXXXXXXXXXXXXXXXXXXX
BA-J/MHF/eel
Mrs. W.P.Hendricks Hixson Tennessee
Dear Madam:
Reference is made to your letter in which you request the Revolutionary War record of John Mullagan, private in the North Carolina line, placed on pension roll April 17, 1834, also, that of Frederick Mayberry, of Bedford County, Virginia.
It is presumed that the first soldier named above was the one erroneously reported as a pensioner in Hickman County, Tennessee. The name of that pensioner was John Mallagan , not Mullagan as listed, nor was he of Hickman County; he was a pensioner of Perry County, Tennessee and was placed on the pension roll April 17, 1834. His record and that of Frederick Mayberry are furnished herewith.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator.