Revolutionary War Pension and Bounty Land Warrant Application File S. 5744, for John Mc Lain, Virginia

SERVICE
NUMBER
Va.
McLain, John McLain
S. 5744
carded
CONTENTS

2359 Virginia
John M c Clain
of Rockbridge in the State of Virginia who was a Private in the Compy: commanded by Captain Gray of the Reg t commanded by Col. Bowyer in the Virginia line for 6 months 1778-
John M c Clain Records corrected Jan 30/44
Inscribed on the Roll of Virginia at the rate of 20 - Dollars - Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 24 th day of Nov: 1832 - and sent to S. M c D. Reid Lexington, Va
Awards to 4th of Sept 1832 20 - Semi-ann. allowance ending 4 Mar: 33 10 - $40. -
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by Nathan Rice - Clerk Book D Vol. 7 - Page 106. -
He d. Dec 23 - 1834

7482
John McLain
from 1778
private 6 months,
$20.

7482
BRIEF in the case of  John M c Clain  County of Rockbridge  in the State of  Virginia  (Act 7th June, 1832.)
1. Was the declaration made before a Court or a Judge? Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? not stated
4. State his service, as directed in the form annexed.
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     In 1778 def d . — 3 — private Gen. Col. D. Gray   1781 def d . — 3 155 " Col. A Moore Col. Br. Bowyer.  
5. In what battles was he engaged? none
6. Where did he reside when he entered the service? Greenbrier County Virginia
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Witness
8. Are the papers defective as to form or authentication? and if so, in what respect? Correct
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
J. Waugh  Examining Clerk.

7482
John McClain

State of Virginia
Rockbridge county sc.
On the 7 th Day of August in the year 1832 John McLain of said county and State of Virginia, personally appeared in open court, being a court of record for Rockbridge county and being duly sworn according to law, did on oath make the following declaration, in order to obtain the benefit of the Act of Congress, passed June 7 th 1832. That he served as a Militia Soldier, in the Revolutionary War, as follows: one Tour of Three months against the Indians in the County of Greenbrier, Virginia, under the Command of Captain David Gray, then of said County of Rockbridge, who is now dead, which service was performed as well as this affiant recollects in the year 1778; - that he received a receipt for said service which was taken in by the Sheriff for Pax. That he recollects no other discharge. That he served another Tour of Three months and about 15 days including the time specified occupied in returning, in the 1781 under the Command of Captain Andrew Moore, likewise now dead, then of Rockbridge County Virginia. The other officers of the company were Lieutenant John McClung, Ensign James McDowe who were under the Command of Col. John Bowyer; They Rendezvoused at the Red house in Rockbridge County 10 th January 1781, and marched to Portsmouth Virginia, where they chiefly remained, excepting one month, during which time they were stationed at the Great Bridge, where Dunsmore was defeated. Whilst at the Great Bridge, the troops stationed there were under the Command of Col. Parker, and he was discharged about the 11 th April 1781. and got home about fifteen days afterwards. That he received a like certificate for said service, which was taken in by the Sheriff for Pax. The depreciation of the currency at that time, was such, that the pay for both Tours of service, amounted to very little. For the confirmation of the above statement, this affiant refers to the testimony of Capt. William Moore and John Davidson, accompanying this application. The said John McLain further saith that he was in both of his Tours of duty drafted as a Mili-

tiaman, and that he was in no other fight with the Enemy, except a slight skirmish when stationed near the great Bridge.
He hereby relinquishes every Claim whatever to a pension or annuity, except the present, and declares that his name is not on the Pension roll of the Agency of any State.
Sworn to and subscribed the _____ Day and year aforesaid.
John M c Lean
John Davidson a citizen of Rockbridge County Virginia aged seventy five years in October next. being duly sworn according to Law, saith. That, he remembers that John M c Lean went upon a tour of duty in the year 1778. against the Indians soon after the attack on Donnellys Fort. - and marched to Greenbrier County Virginia. This affiant on his return from a tour of duty met the company commanded by Captain David Gray in which said John M c Lean was a private. - about a month afterwards this affiant went to Greenbrier, with pack horses loaded with provisions for the troops and lodged and staid in the M c s in which the said John M c Lean & this affiants Brother was attached to. This affiant knows the time of his return, and that he had been in service for better than three months. The said M c Lean and this affiants Brother returned together and being a neighbour of said M c Lean well recollects the time of his return, and has known the said M c Lean ever since - as to the service of said M c Lean in the year 1781 under the command of Captain Andrew Moore. This affiant, states that he was attached to said company, marched with said M c Lean and served the whole tour of duty as stated by him in his declaration and knows the facts therein stated to be true.
John Davidson
Captain William Moore, a Justice of the Peace for the County of Rockbridge Virginia, being duly sworn, saith, that he is now eighty four years of age; That he served as a soldier in the Revolutionary War, under Captain Samuel Wallace of the Virginia Militia, and marched in the year 1781 at the same time with the company of Captain Andrew Moore, of which John

McClain now of Rockbridge County Virginia was a private soldier. That he has heard the facts stated in said McClain's Declaration made this day, read - and knows the facts as to his service at Portsmouth, and the great Bridge to be true, & knows that he served more than three months during said year - including his return - This affiant further states that he has known the said John McClain ever since, that he is a man of good character and his statement entitled to full credit
Wm Moore
Virginia
At a Quarterly court continued and held for Rockbridge county the 7 th day of August 1832.
The declaration of John McClain with the annexed affidavits of William Moore Esq and John Davidson of which the foregoing are copies, were produced in court and severally sworn to and subscribed in open court - And the 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 William Moore and John Davidson who signed the annexed certificates are residents of this county and are credible persons, and that their statements are entitled to credit, which in order to be confirmed by the war department that the said William Moore is the Senior Justice of the peace for said county. Which is ordered to be certified to the war department -
In testimony whereof I Samuel Reid Clerk of said court have hereunto subscribed my name and affixed the seal of said county this 6 th day of September 1832 and in the 57 th year of the commonwealth
Sam M c D Reid

Revised
5744
INVALID.
File No. 5744
John McLain *
Pa Rev War
Act: June 7 th '32
Index: — Vol. M , Page 244
[Arrangement of 1870.]
John McLain * Records corrected. July 3, 1904
1938- Apr 23- First to Mrs. Francis Pennycuick (cont.)

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

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? no XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? no XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? credible witnesses XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? yes Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? no XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes XVI. ‡ Are the papers authenticated as the regulations direct? yes XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 1, 2, 5, 6.
 EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For _____ year _____ months and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which the 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.
QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end 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.

Albia - Iowa: Feb'y 13"
Commissioner of Pensions Washington D.C.
Please let me know if John McCrae of Virginia (revolutionary soldier during the war) is on your late pension roll. His home was either in Frederick Co Virginia or in or near Wheeling Virginia at that time. Please tell me anything you can about him and let me know where to write for additional information about the family - I shall greatly appreciate any help you can give me.
Sincerely
Mrs. Horace Armstrong 115 Washington West Albia - Iowa -

Rev. and 1812 Wars Section
AWF/HMH
April 23, 1930.
Mrs. Florence Pennington 115 Washington Avenue West Albia Iowa.
Dear Madam:
I advise you from the papers in the Revolutionary War pension claim S. 5744, it appears that John McLain or McClain enlisted in 1778 and served three months as a private in Captain David Gray's Virginia Company and was out against the Indians in Greenbrier County, Virginia. He enlisted January 10, 1781 and served three months and fifteen days as a private in Captain Andrew Moore's Company Colonel John Bowyer's Virginia Regiment, and was in a skirmish at Great Bridge.
He was allowed pension on his application executed August 7, 1832, at which time he was living in Rockbridge County, Virginia.
He died December 23, 1834. The date of his birth is not shown.
There are no data as to family.
Very truly yours,
E. W. MORGAN Acting Commissioner.