Revolutionary War Pension and Bounty Land Warrant Application File S. 2785, for Micajah Mc Elroy, North Carolina

SERVICE
NUMBER
N. b.
McClroy, Micajah
82785
CONTENTS
boarded

Rev War
2485 INVALID.
File No. 2785-
Micajah McElroy Print Rev War
Act: June 7, 1832
Index:—Vol. A , Page 243
[Arrangement of 1870.]

7679  West Tennessee  Micajah McElroy
of Lincoln Co in the State of Tennessee who was a private in the Comp y commanded by Captain Bryant of the reg t commanded by Col. Bell in the N. Carolina line for the 7 months from 1780
  P r Can. 2 mo. $ 9.33 1 / 3   " Inf 5 mo. 16.66 2 / 3   26.00 
Inscribed on the Roll of W. Tennessee at the rate of 26 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 11 day of May 1832 and sent to Robt. S. Ings Waverly Tenn.
  Arrears to the 4th of March 1833 33. —   Rem-ant. allowance ending 4 Sep " 13. —   $ 46. — 
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. H. Allison Clerk, Book 8 Vol. 7. Page 88

State of Tennessee Lincoln County
1
On this the 19 th day of October in the year of our Lord one thousand eight hundred and thirty two personally appeared in open Court before the Justices of the Court of Pleas and Quarter Sessions for said county and State, Micajah W. Broy page 50 top an resident of said county & State aged seventy two 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 Congress passed June 7 th 1832. That he entered the service of the United States under the following named officers, and served as herein after mentioned (that is to say) He entered the service of the United States in the fall of the year, in the state of North Carolina under Captain Bryant, (his given name he thinks markals) The field officers of the regiment were Major Sharp & Col. the officer the officer of the comp- any in which he served, under the grade of Captain were Lieutenants Joseph Peoples and Eugene Sumner of Poplar, that he lived in Wake County North Carolina, and was drafted there He went from thence to Hillsboro and thence to Salisbury at which place he remained three months, the time for which he was drafted - some time after our company arrived at Salisbury our Captain & Lieutenant  Eugene were both taken sick and were discharged & went home, after this our company being a large one, it was divided and Joseph Peoples was appointed Captain of our company - and of the others, after the time for which were drafted had expired, being then

months, I returned home. Entered the service a few weeks after the battle of  the battle of  Guilford  Guilford  in the spring of 1781 The General who commanded the militia, was named Brig Gen. who had command of the troops at Salisbury at the time he remained there - General Greene arrived at Salisbury with his army some short time before he was discharged. and was there at the time he was discharged. He cannot recollect the day he entered the service or the day on which he was discharged, but he was discharged a few days either before or after Christmas, he thinks he entered the service in 1780. In a short time after this, he thinks in the sum- mer of fall of 1781 - he volunteered under Captain Matthew Caloun in Wake County as part of the Carolina for the term of two months, in a light horse com- pany, this company was attached to Col. Landon Carter's Regiment, this regiment was raised for the purposes of suppressing the Tories, Fanning & Blalock's gang of Tories had been doing much injury in the country, they had robb'd the public store in Wake County, and had taken a great many horses, during our excursion this trip we caught Blalock, and recovered some horses which had been stolen. Col. Sanders was colonel of Wake County - as well as he recollects, his given name was Hardy. Some short time after this he thinks not very long he volun- teered under Capt. Lewis Bledsoe in Wake County, who went out with his company under Col. John Humpston. He was out three or four months and was engaged in protecting the country from the depredations of the Tories, during the time of this excursion the battle at Guilford with the Tories was fought, he thinks Col. Haden was the

read principal come in der. to head man 3 in this fight with the Tories - he has no document any evidence of his service - and knows of no person living by whom he can prove any of the services aforesaid. This applicant will need bills of proving his discharges as he thought by Col. Deum & also by Matthew Holmes - these discharges he had until a few years since, when he lost them with many others of his papers, and thinks he had a dis- charge given Capt. Black at, was born in the year 1760. on the 20 th of Sept. he has no record of his age, the family bible in which it was recorded was burnt some years since, was born in Wake County - North Carolina, & thence he removed to Lincoln County Tennessee in which County in which he has resided about thirty three or four years, he barely remembers any claim what ever to a pension or annuity what ever except the present & declares that his name is not on the pension roll of the agency of any state in the union, nor on the in Open Court. the day & age as above stated.
Robt. Gray clk
M. Westling
We Aaron Alexander a clergyman residing in the County of Lincoln & State of Tennessee. and Alexander State. hereby do hereby certify that we are well acquainted with the aged M c Gray, who has subscribed & sworn to the above as a true statement that we believe him to be about seventy two years of age, that he is in the neighborhood where he resides, has served and upon testimony have been a soldier & that we concur in that opinion.
Robt. Gray clk.
Aaron Alexander Alexander Hark

And the said Court do hereby certify thereby that they have declare their opinion after the investigation aforesaid, and after putting the interrogatories prescribed by the war depart- ment, 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 Aaron Alexander, who has signed the preceding certificate is a clergyman residing in the County of Lincoln  State aforesaid and that Alexander Muse, who has also signed this certificate is a resident in the County of Lincoln State of Tennessee, & is a credible person, and that this Statement is entitled to credit. David Todd Henry Stacey Samuel Buchanan
23820 I, Robert J. Page Clerk of the Court of Pleas & Quarter Sessions for the County of Lincoln State of Tennessee do hereby certify that the foregoing contains the original proceedings of said Court in the matter of the application of Muzahab McElroy for a pension.
In testimony whereof I have hereunto set my hand and seal of office this the 19 th day of October 1832.
Robt Page Clerk.

No. 93810 Micajah M c Elroy Genl. Tennessee
from 1780 private of Canby's Infy. 7 mos 5 m. P. Inf. — 16.66 2 m. Cav — 9.33 $ 26.00
Robert S. D. AL Sevier County Court Tennessee

WAR DEPARTMENT,
Pension Office.
183
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, shewing the Service of Micajah McElroy color Co Tenn Senr Gen
   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 1780 3 Priv Capt. Bryant Col. Peoples Col. Collier NC Age 72 Wake Co NC Traditionary   Light Arty 1781 2 " Colliers Sanders Shir "   Vol 2 " Pleasoe Kumpley much mtd. town "  
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) 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 and down for the 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 hours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. In short, in every case, he clearly shows 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 enlistment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Court must affix her 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 on 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 is [j] applies to Continental troops only.
[l] The 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.
Gylr Castor Stearns Clerk