Revolutionary War Pension and Bounty Land Warrant Application File S. 5746, for William Mc Guire, Virginia

SERVICE
NUMBER
Va.
McGuire, William
S. 5746
CONTENTS
card

Virginia 16179
William M c Guire
of Tazewell in the State of Virginia who was a pri: t. S. in the company commanded by Captain A Buckle of the Reg t commanded by Col. Preston in the Virginia line for 2 years
Inscribed on the Roll of Virginia at the rate of 80 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 16 th day of July '33 by the C. H. v. a. and sent T. J. Borye
Arrears to the 4th of March '33 — 160 Semi-ant. allowance ending 4 Sept " — 40 $200
{ Revolutionary Claim. } { Act June 7, 1832. }
Recorded by Wm Miller Clerk, Book E Vol. 6 Page 18
Dead
Paid at the Treasury under the Act of the 16 th April 1838, from 4 th March 1836 to 5 March 1837. Agt notified 27 Sept 1841

TREASURY DEPARTMENT,
Second Comptroller's Office,
September 10 th 1841.
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," The Executor of William McGuire deceased Pensioner on the Roll of the Richmond, Va. Agency, at the rate of Eighty — Dollars and — Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of March 1836, to the 5 th March 1837.
Respectfully yours,
Alfred B. Latimer
Comptroller.
To the Commissioner of Pensions,
Present.

15460
Wm McGuire - Fayette Co Virginia -
Admit as approve Ind. Spy Lf. $80 = not on the roll
Rel
5.10.14
May 3 rd 33 -
P. 368
Thos J Boyd Wake Co Va

BRIEF in the case of Wm M c Guire -  County of Fauquier 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? 75  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.     Sept r - In 1776 enlisted 1 private Gen Col Hovill Capt n Arbuckle   Sept r - 17777 - Lieut Colo Preston   ditt o - drafted for six weeks Colo Preston   ditt o on Indian exp n 13 weeks  
 5. In what battles was he engaged? a skirmish only  6. Where did he reside when he entered the service? Green Brice Co Virginia -  7. Is his service supported by living witnesses, by documentary, or incidental evidence, or by the rolls? living & traditional evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? not authenticated 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
John G. Watson Examining Clerk.

William H. Green
Sedalia Mo.
Pension Le.
2
154.00
1

State of Virginia August County
On the 24th day of September 1832 personally appeared before me the undersigned authority, the undersigned, Lawt Chancery Clerk, of the county of August against William M c Grise a resident of the county of August and state aforesaid aged twenty four or twenty five years of the first part duly sworn according to law, doth on his oath make the following declaration in order to attain the benefit of the provision made by the act for congressional pension June 7 th 1832. That he enlisted in the army of the United States in the month of September 1775. with Capt. [blank] that he does not recollect the regiment in which he served, he served during the term of twelve months under said enlistment under the command of Col o [blank] from Fort Pitt, that he was at the time of his enlistment a resident of Greenbrier and enlisted in that county he does not recollect the name of the Lieutenant, the name of the ensign was Walter [blank] as he recollects, and the name of the first sergeant was Sgt. Bown, that he was marched from Greenbrier to the head of Shenandoah river and then down said river to Fort Pitt where he staid about six weeks, that from there he went by water to the mouth of the Kenawha river, where he remained until the time of his discharge which was in the month of September 1777 by Col o [blank] who also paid off the troops during his term of service aforesaid he was in two or three skirmishes with the Indians on the Ohio. That some time after the present date he does not recollect, he was drafted by the order of Col o Preston and under the appointment of a Lieutenant under Capt. James Macl o Ensign George Peery, mounted men, and marched to the Moraine towns, from where he and Ensign Peery were sent back that he was only in the service during that time about four or six weeks, and was discharged at the Middle Moraine towns by Col o Preston, that he has his commission yet.

That after and during the revolutionary struggle by the order of Col. Preston, he was by Capt. Moore appointed an Indian Spy and that he acted as such on Blue Stone, Guyan at and the Fugg fork of Sandy for about thirteen years, that he would generally go out in the month of March, and stay out until cold weather in the fall, he was generally in company with a man by the name of William Cox who lived on Sandy the last account he had of him, but that it is out of his power at this time to prove his testimony, that he was born in the year 1757 or 1758 as well as he can ascertain, but has no record of the time within his power to which he can refer at this time, that he has lived since the revolutionary a part of his time at  in
Wm. J. Taylor
for the remainder of his time in Fayette County Virginia where he now resides. He firmly relinquishes every claim whatever, to a claim, or an annuity except the present, and he declares that his name is not on the pension roll of any agency in any state. I am to and I believe the day and year aforesaid
State of Virginia Fayette County
This day Low Brown appeared in open court, and after being duly sworn states that he knows the above mentioned applicant, that he has been acquainted with him for a number of years, and that he believes him to be of the age of twenty four or five years as he states in his declaration aforesaid, has no knowledge that he was in the service, and was not used to be thereabouts with the troops under

Colo. Preston, that he was in company with the said William McGinn as an indian spy during the revolution for two years, the precise date he does not now recollect, that it is generally believed, and he now heard it doubted, that the said William McGinn was in the regular service during the revolutionary war, and that he is reputed as a man of truth in the country where he resides, and that he fully concurs with that in opinion that he served as a regular soldier as he has stated in his application. Sworn to and Subscribed in open court - the day and year aforesaid.
Law h Brown prosecutor
State of Virginia
Fayette County
Mr. Law Brown & Thomas McAlister residing in Fayette County do hereby certify that in an interview with William McGinn who has subscribed and sworn to the above declaration that he believes him to be twenty four or five years of age, that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the revolution and that he acted as an indian spy for many years, and that he concurs in that opinion Sworn to and Subscribed the day and year aforesaid.
Law h Brown prosecutor
Thomas McAlister
And the said court do hereby declare their opinion that the above mentioned applicant was a revolutionary soldier and served as he states.

I John Crockett Clerk of the circuit - Superior court of law and chancery for the County of Tazewell and state of Virginia, do hereby certify that the foregoing contain the original proceedings of the said court, in the matter of the application of William M. Ginn for a pension. In testimony whereof I have hereunto set my hand  affixed my private seal at this hearing and seal of office and seal of office  affixed the 24th day of September 1833
John Crockett (Clerk)
William M. Ginn Tazewell Va. Pension etc. 13460
I Joseph Draper late a Representative from Virginia in the congress of the United States from the district of which Tazewell County is a part, do certify that the foregoing signature of John Crockett as clerk of the circuit Superior Court of law & Chancery for Tazewell County is genuine, that he is clerk of the said court and that he has no seal of office. June 28 th 1833
Draper

Rev. and 1812 Wars Section AWP/eel
March 23, 1929
Mrs. T.B.McBryde Box 85, Moscow Idaho
Madam:
I advise you from the papers in the Revolutionary War pension claim, S. 5746, it appears that William McGuire was born in 1757 or 1758, place not stated.
While residing in Greenbrier County, Virginia, he enlisted in September, 1776, and served in Captain Arbuckle's Company, Colonel Neville's Virginia Regiment, marched to Fort Pitt, and from there to the mouth of the Kanawha River, had a skirmish on the Ohio with the Indians, and was discharged in September, 1777.
He was appointed Lieutenant, no date given, and served about six weeks under Captain James Moore and Colonel Preston, and marched to the Moravian Towns.
He served in 1780 as an Indian Spy from March to September, and again in 1781 from March to September, and continued to serve each successive year for thirteen years as an Indian Spy.

He was allowed pension on his application executed September 24, 1832, at which time he was living in Tazewell County, Virginia.
He died, March 5, 1837.
There are no data as to family.
Respectfully,
R. W. MORGAN Acting Commissioner.

Rev War
5746
INVALID.
File No. 5746
William McGuire
Re Rev War
Act: June 7 th 1832
Index: —Vol. M , Page 44
[Arrangement of 1870.]
1929. mch. 23. 17 th & Mrs. J.B. McBrady aux.

of the usual address
Ld. of the usual
By the usual for
Wm. H. Green

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Wm Mc Guire which require 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? 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? no seal

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? citizens only
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?
Not on the Roll.
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? yes
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? no #
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
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? no
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? answered -
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.
The Department will require the Commission to be forwarded

Virginia, Franklin County.
On the 17. day of June 1833 William Ginn appeared in open court, in County Court of Falmouth County, and by way of amendment to his declaration heretofore made in this court on the 24. day of September 1833 (and accom- panying this affidavit), for a pension under the act of con- gress passed June 7. 1832. States, after being duly sworn in according to law, that by reason of old age, and the consequent loss of memory, he cannot say on possibility as to the precise length of his service, as an indian Spy but according to the best of his recollection he served not less than the period mentioned above, and in the following years, that he served as an indian spy in the year 1780. from March in that year to September in the same year and in 1781. the same length of time, from the same time; and so on in each succeeding year, he served from March to September, for thirteen years at the place, and by the authority stated in his first declaration, he further states that he is certain as to the time of his service as an active soldier, and that the statement contained in his first declaration is correct in that particular; and for such service he claims a pension, & that on inquiry he is unable to find his commission specifying the time of his service as an indian spy to which he has subscribed the day and year aforesaid
Dear Guyer
Mr. Col. Basilah, Garrison and John Price
Hereby certify that we are well acquainted with William H. Green who has subscribed and sworn to the above affidavit that he believes him to be seventy years of age or of age as he states, that he is reputed and believed to be a neighbor of his where he resides, to have been a soldier of the Revolution, and that he concurs in the opinion of Green to and subscribed in open court this 17 th day of June 1833.
John his + Pruit mark
My Father

And the said court do hereby declare their opinion after the investigation of the matter, and after putting the interrogatories, resolved by the clear affirmative that the above named applicant was a revolutionary soldier and a resident of this state, and that he is the rightful heir of William H. Green who made the accompanying declaration on the 24th day of September 1832. And the court further certifies that it appears to them that Thomas Witten & Low Brown, who signed the certificate to the declaration first above, made in the circuit superior court of law & chancery for Floyd County on the 24th day of September 1832 and  resides in the county of Floyd and that Col. H. B. Garrison & John Frost who has also signed the preceding  preceding  affidavit are also residents in the said county of Floyd and in the neighborhood of the said William H. Green, and that they are creditable persons and that his statements are entitled to credit.
I John Brockett Clerk of the county court of Floyd County do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of William H. for a pension.
In testimony whereof I have hereunto set my mark and seal, (here being no seal of office pronounced) this 18th day of June 1833.
John Brockett Clerk (Seal)
I Joseph Draper late a representative in the Congress of the United States from the district in Virginia composed in part of Fayette County do certify that the signature of John Brockett, to the foregoing declaration as Clerk of the Court

Court of Fayetteville is genuine, that he is clerk of the said court, and that he has no seal of office. Given under my hand this 23 rd day of June 1833.
J. Draper

Moscow, Idaho.
July 24, 1928.
Department of the Interior Bureau of Pensions, Rev. and 1812 War Section Washington, D.C.
Gentlemen:
I would like the pension record of Wm. McGuire (lt) Ar. C.L. 15,17, Aud. Acct. XXLI, H.D. May 1784,44. Pen; E.11; C.J. 1786-7281, B.W.Heitman, also the pension record of Wm. McGuire (Tazwell) S. of W. 1835 Pen.2, 203 Jr. and Sr. Aud.acct. Book Secy of War 1880,148. Eighth annual report State Library Virginia 1910 1911.
Please include with record names of children of each.
Thanking you in advance for any information you can give me I am
Very truly yours,
Mrs. T.B. McBryde,

Moscow Public Library
MOSCOW, IDAHO