Revolutionary War Pension and Bounty Land Warrant Application File S. 2808, for John Mc Mahan, Virginia

SERVICE
NUMBER
Va.
McMahan, John
82808
CONTENTS
banded

25267 East Vermilion John Mc Mahan of McMinn Co in the State of Tennessee who was a private in the Co. commanded by Captain Moffitt of the regt. commanded by Col. Dickson in the Virginia line for 10 months.
Inscribed on the Roll of East Vermilion at the rate of 33 Dollars 33 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 18 day of Dec r 1833 and Alex d D Keyes Athens Arrears to the 4th of Sept 83.33 Pension allowance ending March 1867 $ 100.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Dan Boyd Clerk Book E Vol. 7 Page 57

27.174
John M. Mahon McMinn Co. Tennessee
from 1777 private 10 months.
$33. \frac{37}{100}
Alex. D. Keys.
A. D. Keys.
Athens.
A.D.K. 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, showing the Service of John McMahan
   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.     1777 3 P. Col Dickinson Col Moffit 78 Va Traditionary & untraced   July 1781 4 P. Col Sampson Matthews Col J. Patterson   Aug 1781 3 P. Col Buchanan  
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)                      , who has 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                      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 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 quantifying 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.

27. 174 John McMahan's
Aldred A. D. Keyes or declarants themselves, Athens Tennessee.
Alexander D. Keyes.

DECLARATION
IN ORDER TO OBTAIN THE BENEFIT OF THE ACT OF CONGRESS PASSED JUNE 7, 1832.
State of Tennessee, }
County of McMinn } ss.
On this 21 st day of September personally appeared in open Court, before the Justices of the County Court of said county, John M c Mahan a resident of said county and state, aged about 78 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, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated. —
He entered the service in the year, 1777, in the month of September — as he thinks, — as the volunteer Militia men, in the State of Virginia and County of Augusta. His officers were Col. Dickinson, — christian name not recollected, Major Samuel McDowell, Captain George Moffit, Lieutenants name not recollected. The object of raising the troops to which declarant was attached, was to go on an expedition against the Shawnee Indians. Part of the men were drafted, and part, — declarant one of them, — turned out as volunteers. We were rendezvoused on Carr's Creek, in what is now Pulaski County, and were marched thence to Big Savannah Creek, in Greenbrier County, thence to the mouth of the Kanawha River where we had a Garrison under the command of Col. Arbuckle. Here the soldiers under Dickerson lay some time waiting for Genl. Hand who was coming on another route. Our provisions gave out and we sent two runners up the Ohio river to meet Genl. Hand, whom they met at the mouth of the Rockhocking River at the place where Wheeling now stands or near it. Here it was ascertained that Genl. Hand had met some of the Indian Chiefs and had made a Treaty. Genl. Hand shortly after came down the river with about 40 men in a boat, and furnished us with provisions. Shortly afterwards we were marched back to our homes, under our respective officers, and discharged from the service, having the month of December, 1777, having served, three months, the term for which we entered. — The next service he performed was as a volunteer. He entered the service in the same County and State, and as he thinks, in the month of January, 1781 for a three months tour, under the command of Col. Sampson Matthews, Major Alexander Robinson, Captain Joseph Patterson.  Major Alexander Robinson, Captain Joseph Patterson. We were rendezvoused at Fredericksburg Va. where we lay a few days waiting for some men who had not yet joined us, and were then marched to Camp Carson, or as it was generally called Camp near Carson's, within about 9 or ten miles of Portsmouth where the British under Arnold the traitor were stationed, perhaps for wintering. At Camp Carson we were stationed, during the remainder of this service. From this place we were frequently marched across what was called the Dismal Swamp, and had a great many skirmishes with parties of the British, frequently firing on and driving in their pickets. On one occasion, we had what we called the hot skirmish with them, killed some of the enemy and took some prisoners. This happened on the same day, the battle at Guilford Court house in North Carolina was fought. Our tour of three months having expired, we were prevailed upon by our field officers, still to continue in service until other troops who were levying could be brought into the field. We continued one month.

more at the same place and performing the same kind of service before we were discharged. At the end of four months other troops had got to camp & declarant, with his comrades were discharged, declarant having served four months. — Declarant again entered the service, as a volunteer, in the month of August , — as he thinks, 1781, under Captain Patrick Buchanan, who commanded a company of drafted men & volunteers, raised for the purpose of joining the American forces, under Genl Washington at the siege of Cornwallis at Yorktown. Declarant does not recollect the regiment to which he belonged, as shortly after they joined the Army at Yorktown he was taken from the ranks by the Commissary General, to take care of and drive a team the former driver having been bitten by a spider, which rendered him unable to take care of his team. On the day of the surrender declarant was but a few paces from where Washington stood — saw Cornwallis march out and surrender his sword to the American General. The British prisoners after the surrender were marched to Winchester Va. — declarant accompanied the Army as far as Fredericksburg, having charge of the wagon team as above stated, where he was discharged in the month of November as well as he recollects, in the year 1781. having served three months in this town. — Declarant makes the following address in Augusta County Va. in the year 1752 as he has been informed by my father, but it is now lost in consequence of getting my books & papers wet. — I then moved to Lewis County Va. about 1783, and then from to McMinn County Tennessee where I have lived till
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 20 day of September 1833
J. P. Turk Clerk
John his M c Mahan mark
We George E. Mountcastle a clergyman residing in the county and state aforesaid, and Henry Smith residing as aforesaid, hereby certify that we are well acquainted with John M c Mahan who has subscribed and sworn to the above declaration; and we believe him to be 78 years of age; that he is reputed and believed in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn to and subscribed the 21 day of September 1833
J. P. Turk Clerk
George E. Mountcastle Henry his Smith mark
And the Court do hereby declare their opinion, after investigating the matter, and putting the interrogatories prescribed by the War Department, that the above applicant was a revolutionary soldier, and served as he states. And the Court further certifies, that it appears to them that
George E. Mountcastle who has signed the preceding certificate, is a Clergyman, that he and Henry Smith who has also signed it, are resident as they therein state, and that their statement is entitled to credit.
John Miller H. B. B. Samuel H. Cannell

I Archibald R. Turk Clerk of the county Court of the County of McMinn aforesaid, do hereby certify that the foregoing and what follows below this certificate contains the original proceedings of the said Court, in the matter of the application of John McMahan for a pension.
In testimony whereof, I have hereunto set my hand and and affixed my Official seal at office, this 6. day of September 1833. —
A. R. Turk clerk
sworn to the questions propounded by the War Department — 1. I was born in — 2. I have no record of my age now, I once had the family record kept by my mother in Augusta Co. Va. when I entered the service. After the Revolution I could not find it. I was about 18 years old when I entered the service — 3. I served in the War of 1812 — 4. I volunteered for the three months service as stated before. 5. I was there were but few regular officers with the troops when I served. A few regulars were stationed near Camp Carson, and I recollect a Major Wells — the general circumstances of my service I have stated in my declaration. — 6. I never received a written discharge — I have no documentary evidence. — I know of no witness who can prove all the services I performed. Robert Douglas can prove the three months tour I served at the siege of Cornwallis. — 7. Robert Stephenson, Samuel Blackburn, & James Ward are some of my present neigh- bors who can testify to my character &c. —
State of Tennessee This 20 day of September, 1833, Robert McMinn County of Douglas, personally appeared in open Court and made oath that he is personally acquainted with John McMahan, who has sworn to subscribe the foregoing declaration; that he knew him in the Army of the Revolution; that said McMahan was a soldier of the revolution, and that he served the term of three months at the siege of Cornwallis, as he the said McMahan has stated.
Robt. Douglas
sworn to subscribe A. R. Turk Clerk
And the Court hereby certify that they are acquainted with Robert Douglas who has sworn to subscribe the above affidavit: that he is a credible witness. —
John Miller A. H. B. Samuel Blackburn

Run Was
2808 INVALID.
File No. 2808
John M c Mahon Port Royal Line
Act: June 1 st 1832
Index:—Vol. A , Page 244
[Arrangement of 1870.]