Revolutionary War Pension and Bounty Land Warrant Application File S. 1563, for Thomas Mc Intosh, North Carolina

SERVICE
NUMBER
N. 6.
McIntosh, Thomas
S. 1563
CONTENTS
carded

22. 194 West Tennessee
Thomas McHoot
as Stewart Co. in the State of Tennessee who was appointed in the Company commanded by Captain Deakin of the regt commanded by Col Moore in the N. & W. mile line for 9 months of 1779
Inscribed on the Roll of W. Tennessee at the rate of 32 Dollars 50 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 17 day of Oct 1837 and sent to J. N. Clements Dover.
Arrears to the 4th of Sep '33 $ 81.25 Semi-annual allowance ending Oct 34 16 25 $ 98.50
{ Revolutionary Claim Act June 7, 1832.
Recorded by M. H. Allison Clerk Book 8 Vol. 7 Page 93

13936
Thomas McIntosh
Stewart county
Tennessee
from 1777 private of Cavalry & Infantry 9 months
  P. Inf 6m  20.00     " Can. 3  12.50           $ 32.50      100   
John H. Clements flk Dover, Tennessee

WAR DEPARTMENT,
Pension Office,
May 22 1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjunct 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 Thomas McIntosh of Stewart Co Georgia
   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.     Drafts 1775 No term or officers, etc. I was not for this term. 78 tradition   Volunteer 1775 3 cavalry Leis Legion Gen. Moore Haw river Hillsborough Whitby Caswell NC   Vol. 6 Capt. Nat. Dickerson Gen. Butler Wilmington Cross creek Brown's Bluff   near 4 m 6  
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 he 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 guide.
[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.
J. B. Bradford

13.936

State of Tennessee & Dept. Tenn Newark County & August 1832.
on the 25 th day of September 1832 per- sonally appeared an open front now living Thomas W. Smith, a good and legal agent representative of the County of Stewart and State of Tennessee who being first duly sworn, deposes and says that on the oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832.
That it was drafted in the County of Caswell, State of North Carolina about a year before the declara- tion of Independence, to go after the Cherokee Indians, high upon the Calaba, on Silver Creek at Green Springs an Indian Trader, we marched from Caswell to near the Indian Towns and heard that the Indians had left their Towns, & we also met them

About two days after the declaration of Independence I volunteered in the Horse and went under the command of Maj. Shippard and Col. Wood. The British under the command of Gen. Cornwallis, were then lying in Hillsborough in South Carolina. With his Legion and Foot upon Hillsborough, when we got there got with in about two miles of that place we ascertained that Tarleton had gone out to meet the Legion of Col. Lee. We pursued him and came up with him on the Albemarle on the other side of Haw River from Hillsborough, there we had a skirmish with him who was defeated in that skirmish a British officer was killed, it was said that about two hundred was killed in the skirmish on Doctor Pule's was the head of the forces at that place after this battle our Horse was sent towards the British after this they settled us to a tract about two miles \frac{1}{2} from a place where we were encamped at a Sory Blacksmith's. I was also with the army guarding prisoners at White's Mill on Haw river, the night before, there was a skirmish at said mill, I delivered the prisoners up safe to Gen. Greene after keeping him three days, 2 & 3 nights.

I was then discharged and then later, and having served over three months I after this to volunteered with Capt. Nathan iel Dickerson, (My r not Recollected), when I first went out in this campaign I was marched down to Crook Creek after the Tories, I remained there for some time we then marched to a long Bridge about ten miles of Wilmington, where we heard of the capture of Wallace, Genl Butler was my Commander and had him all this time of service after we left the Bridge we were marched down to Cobowers Bluff about fifteen miles above Wilmington, there I was discharged, Col Edward Deylops who was then Adjutant wrote my discharge and Deylops has now in  some place where, near  the  place  where I have been informed.
I was born at this time six months. I was born in Culpeper County Virginia -ia on Rappahannock, from this time. went to North Carolina when I entered the service, I remained in North Carolina from the time of the Revolution until about thirty years since when I moved west to St. Lawrence County State

of Humphreys, where I lived until about the or twelve years since when I removed to the county of Newark, State of Virginia, where I had a considerable interest when I was living
I have no record such as you mention but learn I was living in the year 1850 yours on the 4th day of Decr.
I never had but the one written discharge before mentioned & that in Newbern the country I have lost or mislaid so that I can not now exhibit it
I know of no persons by whom I can prove any part of my service but Col. Edward Allegheny before mentioned and my Brothers John, Charles & Samuel McIntosh who all reside in Robertson County fifty or sixty miles from this place
He hereby relinquishes all claim to any pension or annuity except the present and further states that his name is not on the pension list or Roll of any state or division in the United States Thomas M c in full
sworn to in open court September 25 th 1832
Test. M c Clements Clerk

We Alexander Brown and Nelson Cropwell both citizens of Stewart County and State of Tennessee, do swear that we are well acquainted with Thomas McIntosh who has subscribed and sworn to the fore- going declaration and that we believe him to be nearly eight years of age That he is a man of good honest character That he is respected and esteemed in the neighborhood where he lives to have been a soldier of the revolution- ary war and that we concur in that opinion
Sworn to in open Court September 25 th 1832
W. H. Clements Clerk
Alex. Brown N. Cropwell
And the said Court does hereby declare its opinion after the investigation of the matter and after putting the interrogatories prescribed by the War Department merely that the above named application was a soldier of the Revolutionary War and served as he states and the court further certifies that it appears to it that Alexander Brown and N. Cropwell who have signed and sworn to the preceding certificate are credible persons and that their statements are in full to credit
J. H. Mitchell Presiding Judge

I John H. Clements Clerk of the Circuit Court for the County of Stewart included in the 5th Judicial Circuit under State of Tennessee do hereby certify that the foregoing contains the original proceedings in the matter of the application of Thomas A. Gholson for a Pardon
In testimony whereof I have here unto set my hand and seal of office at office in the Town of Dover the 28th day of September 1832.
John H. Clements Clerk

13.936
[Faint, mirrored handwritten text, likely bleed-through from the reverse side of the page]

New Mar.
✓ 1563 INVALID.
File No. 1563 Thomas Mc. Intosh Dms. N. T. Smith
Act: June 7, 1832.
Index: —Vol. 2 , Page 242
[Arrangement of 1870.]

State of Tennessee 3 d Court of Pleas and Robinson County 3 d Quarter Sessions
August Term 1832
On this the 13 th day of August A.D. 1832 personally appeared in Open Court before Solon Drey Robert Brown William McVay and others petitioners herein and holding said Court of Pleas in and for the County of Robinson in the State of Tennessee Thomas M. Instone a resident of the County of Stewart and State of Tennessee aged forty-eight years who being first duly sworn, ac- knowledged that he in his oath made to the following declaration in order to obtain the benefit of the provisions made by the act of "Kemp's" passed June 7 th 1832.
That he was drafted in the County of Russell in the State of North Carolina about a year before the declar- ation of independence he went after the River Cherokee Indians high upon the Salawha- che River Creek at Brown's Run and Indian Trading place near where from Russell to near the Indian Towns and heard that the Indians had left their Towns and were returning home
About two years after the declaration of independence he volunteered in the first or early part of the month of July in the year 1777 and entered in the Horse and Foot under the command of Captain Landers - (Major's name is not recollected - Williams Major was the Lieutenant Colonel - Ramey was the Colonel in Command - We had

as General along on this River - there was but one regiment. - The British under the command of Colonel Wallace were then lying in Hillsborough - Mr Forbes led with his Legion and went upon Hillsborough - When we got within about ten miles of that place we ascer- tained that Carlton had gone out to meet the Forces of North Carolina - We pursued him and came up with him on the all arms upon the other side of Seaw River from Hillsborough. There we had a skirmish with them - then defeated them that Skirmish - The British (Officer whose name is not recollected) was killed in this Skirmish - In this Battle or Skirmish it is said about two hundred men were killed in ten minutes. One Doctor Piles was at the head of the Forces at that place. After this Battle our horses were sent home. The British after this compelled us to retreat about two miles and a half from this place where we were encamped at a Long Blacksmiths - I was also with the army guarding prisoners at Whitfield Mills on Seaw River, the ready fork of said River - We had a Skirmish at said Mills. I deliv- -ered the prisoners up safe to Genl. Forbes after keeping them under guard 3 days and 3 nights. I was then discharged and returned home having served nearly four months. Afterwards some time in the year 1779 (But the exact time is not remembered)

I again re-uttered under captain Nathaniel Dickerson - (order not re-col- -ected) - When I first went out in this Campaign I was marched down to Cropp Creek after the Corral - After remaining there for some time we then marched to a long bridge about ten miles of Wilmington where we heard of the capture of Wallace General Butler was the Commanding Officer on this Campaign - Major Shelly was my Major - Edward Douglas (who was our Adjutant for the my discharge - We were after leaving the bridge and before we were discharged we reached to Robersons Bluff about five miles above Melendickson. I served at this time six months. I was born in Guilford County in the State of Virginia on Rappahannock. From this I removed to North Carolina to Guilford County where I entered the service. I remained in North Carolina from the close of the war until about thirty years since when I removed to the State of Tennessee, Robertson County where I remained until ten or twelve years since when I removed to the County of Stewart in the State of Tennessee where I have lived ever since and where I still live. I have no record evidence of my age, but I believe I was

born on the 4 th day of December in the year 1754. I never received but the one pension discharged the one written by Douglas - and that in remembrance to the State of Tennessee I lost or have so mislaid it that it cannot now be found. I know of no person by whom I can prove any part of my services with my two Brothers Charles on East Tennessee and Simon on West Tennessee both of whom were citizens of the County of Robertson - They are both old and too infirm to go to Nashville County and I have on that account come to Robertson County where I can procure these affidavits
He hereby relinquishes all claim to any pension or annuity whatever except the present and he declares that his name is not on the pension Roll of any Agency in any State, or
Thomas McIntosh
Submits and subscribed
in open Court this 14 th day of March 1818
vs Charles McIntosh County of Robertson in the State of Tennessee do hereby certify that well acquainted with Simon McIntosh who has been here and known to the above declaration - that we knew him during the Revolutionary war - that we served with him in the Revolutionary war and know he served as he has stated in his declaration - we believe him to be seventy eight years of age

That he is a man of good honest Character that he is respected and esteemed in the neighborhood where he resides to have been a holding of the Revolutionary War and that we concur in that opinion.
Given to us open Court { Charles { his August 13 th day 1833 } made { M c Intosh Test W m Seal Clerk } Newson { his M c Intosh P r
I Richard Pepper - a Clerk of the residing in the County of Rutherford in the State of Tennessee certify that I am well acquainted with Thomas Mc- Intosh who has subscribed and sworn to the above declaration, that I believe him to be seventy eight years of age - that he is respected and esteemed to have been a holding of the Revolutionary War and served as he states and that I concur in that opinion.
Given to us and subscribed { in open Court August 13 th day of { 1833 { Test W m Seal Clerk
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 Revolution- ary soldier and served as he states. And the Court further certifies

That it appears to them that Charles M. Ingersoll & Winwood M c Inners who signed the above certificates are resident citizens of this County & R. Morris in the State of Tennessee and -That R. Charles Pippin who has signed the foregoing certificate is a Clergyman and resident in the County of R. Morris in said State and that their statement is entitled to credit
H. Frey
Robert Green
Wm. Robertson
I William Seal, Clerk of the Court of Pleas and Quarter Sessions of Robson County in the State of Tennessee do hereby certify that the foregoing contains the original proceedings of said Court in the matter of the admission of Thomas M c Inners for in- Benson. In testimony whereof I have hereunto set my hand and seal of office this 13 th day of August 1832
W. Seal