Revolutionary War Pension and Bounty Land Warrant Application File S. 7261, for John Mc Neely, North Carolina

SERVICE
NUMBER _____
N. B.
McKeely, John
S 7261
Carded
CONTENTS

North Carolina 16.139
John Ch. Neely of Rowan in the State of North Car: who was a Pri: in the company commanded by Captain Bell of the Regt commanded by Col. Locke in the North Car: line for 7 months
End
Inscribed on the Roll of North Car: at the rate of 23 Dollars - 33 - Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 18 th day of July '33 and sent S. Silliman Salisbury A. C.
Arrears to the 4th of March '33 - 46. 66. Semi-ant. allowance ending 4 Sept " - 11. 66. $58.32 1/2
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Wm. Miller Clerk.
Book E. Vol. 6. Page 49

15.870
John McNeely Rowan County N.C.
return
Admit as a private 7 months $23.33
5.12.
Sam t Silliman Salisbury N.C.

BRIEF in the case of  John M c Neely  of Rowan County in the State of North Carolina  (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? 75 years  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.     Volunteered In 1779 3 As a Gen. Rutherford   he believes 1 3 " Private Capt: Cowan & Bell   3 3 " " Col: Locke   3 3 " "   Vol 3 " Major not allowed   1  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Rowan County N.C.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Living witnesses in part & tradition  8. Are the papers defective as to form or authentication? and if so, in what respect? In due form 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
C. H. Moore Examining Clerk.
+ States that he does not know whether he served out the full term or not.

John W. Mockup Declaration for a Pension.
15-870 ✓

State of North Carolina Rowan County - ss
On this eighth day of October 1882 Person alld appeared in open court before the Judges of the Superior Court of Law for Rowan County now sitting, the same being a Court of Records, John M. Neely a resident of Rowan County aged Seventy five 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 7th 1882.
That he was born in the Colony, now State of Pennsylvania in the month of December 1756 and removed at an early age to Rowan County where he has resided ever since; that he had a Record of his age at home in an old family Bible which states that he was born the 1 st day of December 1756. That he entered the service of the United States in Captain George Covington's company under General Rutherford as a Volunteer Soldier, and went to the mountains of North Carolina in what was called the Cherokee expedition. which was intended to suppress and repel an invasion of those Indians upon the then frontier settlements of North Carolina. That it was stipulated, that his term of service at that time, was to be three months - but he does not recollect whether he was all that time in the service, or whether he was sooner dismissed. This took place as he believes about the year 1779. That he was frequently during the Revolutionary War sent out as a soldier for a few days at a time, as a minute man, as it was then called; which was that the volunteers bound themselves by promise to attend at the call of their officer instantly for any military purpose that was then thought necessary or practicable and as he thinks he was acting as a soldier under various officers in these irregular military movements, mostly under the direction of General Rutherford as he was then inferring taking the whole time together would amount to about three months one month.
Besides this, he also volunteered as a soldier in Captain William Bell's company for three months under the command of General Rutherford in Colonel Francis Locke's Regiment and marched to join General Greene's army; but before they did join him; the battle of Guilford's took place, and they did not join Genl Greene; and he was removed to Captain Byers company and served the remainder of those three months, stationing near Charlotte in North Carolina. That he afterwards entered as a volunteer soldier in the company of Captain William Bell, Colonel Locke's Regiment under General Rutherford for three months, but for that trip and during that term of service was required to drive a baggage wagon in place of acting as a soldier during which time the army marched to Wilmington, etc. were stationed there most of the time.
He refers to James Bell and John Houston his present neighbor who served with him in his army at different times as being able to testify as to his relation and services. He hereby renounces every claim whatever to a pension or annuity except the present, and declares that his name is
John M. Neely John M. Neely

not on the pension roll of the army of any State within his knowledge Sworn to and subscribed in open court the day and year aforesaid -
John M c Veety
A. J. Giles
In the absence of a clergyman
We James Bell and James Houston residing in Rowan County do hereby certify that we are well acquainted with John M c Veety who has subscribed and sworn to the foregoing Declaration and we believe him to be seventy five years of age; that we served with him part of the time in General Rutherford's army during the Revolutionary war that we have the utmost confidence in his integrity and believe that he served in the revolutionary war as he states.
Sworn to and subscribed the day and year aforesaid.
A. J. Giles
James Bell James Houston
This declaration and certificates having been returned from the office of the Secretary of War with objections. The Declarant appeared before the  Mr John Houston Justice of Peace for Rowan County on the  and on the offers the following explanation of the objections made.
That he was always a private soldier. That he is informed and believes that the Cherokee expedition in 1779 lasted for  three months and that he is confident he was in General Rutherford's army of Mobile all that time. one That the time he served as a militia man at various times was at least three months. That he was a volunteer private soldier in Captain Bell's company, Locks Regiment under General Rutherford for three months ; as he believes in the summer of the year 1781. That he marched with the other troops during this time northward about 40 miles to Guilford , and then marched southward about 80 miles to Charlotte and was stationed in camp near Charlotte most of the time. That in the fall of the same year as he believes, he volunteered as a private soldier under the last named officers and served three months - but was required to drive a baggage waggon in place of carrying a musket. That he during this time went to Wilmington in South Carolina with the army and was stationed there most of the time.
That he did not obtain the certificate of a clergyman because none acquainted with him resided in a reasonable distance of him or of the Court House & he was advised that the direct testimony of the two citizens whose certificate he procured who were his neighbors nearly of his own age & served with him part of the time, was better evidence than any certificate of character. That age and infirmity have rendered him unable to attend Court.

And the said Court does hereby declare its opinion, after investigation of the matter, and finding the prerequisites prescribed by the 16th of last month that the before named defendant was a revolutionary soldier, and served as his States.
And the said Court further certifies that it appears to him that James Bell and James Houston who have signed the preceding certificate are credible persons, are resident, in Rowan County, North Carolina, and that their statement is entitled to full credit. Rec 11 th 1832  James Bell & James Houston
I, Henry Giles Clerk of the Superior Court of Law for Rowan County do hereby certify the foregoing to be the original proceedings of the said Court in the matter of the application of John McNeely for a pension and that James Houston is the Judge of said Court for this term.
In testimony whereof I have hereunto set my hand and seal of office the 23 rd day of October 1832
Henry Giles C. S. C.
North Carolina Rowan County
April 8 th 1833
This day appeared personally before me (the under signed Justice of Peace for the County aforesaid) John McNeely and made oath in due form of law that the within declaration and account of service as it now stands is correct Sworn to and Subscribed Before me John Houston J.P.  John McNeely
I, John Giles Clerk of the Court of Pleas and Quarter Sessions for Rowan County, North Carolina, hereby certify, that John Houston is an acting Justice of the Peace in and for said County, and that the foregoing signature purporting to be his is genuine. In testimony whereof I have hereunto set my hand and seal of office the 23 rd day of April 1833.
Jno. Giles Clerk

Rev May
7261. INVALID.
File No. 7261
John Wm. Keely Briv Row. Wav
Act: June 7th 1882
Index:—Vol. 1st , Page 245-1
[Arrangement of 1870.]

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. Neely further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes 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? yes 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? yes e No VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes 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? yes

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? Two respectable citizens
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?
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? yes
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes
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? yes
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 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 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 shewn 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.
†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 authenticates 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 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.
☞ In every case where the clerk of the court, or other certifying officer, 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.