Revolutionary War Pension and Bounty Land Warrant Application File S. 15,534, for Abraham Mc Colloch, Virginia

SERVICE
Va.
McCulloch, Abraham
NUMBER
S. 15,534
CONTENTS
carded

12.116
Virginia
Abraham McCulloch of Ohio, in the State of Va who was a 1st Lieut in the by Captain _____ of the Reg't commanded by Col. Crawford in the line for 12 months & 15 days
Inscribed on the Roll of Virginia at the rate of $1.50 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 26th day of March 1833 and in the year of our Lord one thousand eight hundred and thirty three Wheeling, Va
Arrears to the 4th of March 1835 $332 Semi-annual allowance ending 15 Sept 1835 2083 $1041 15
Revolutionary Claim Act June 7, 1832
Recorded by Nathan Rice Clerk Book E Vol. 6 Page 1
Let: July 14 35 Agent. arrip'd Colk (last) Comt. do. to W. G. Singleton Aug. 17. 1835 - also to same Aug 13. 1835 do. to R. W. Moore Oct. 26. 1835 Copies of Copies of papers sent to Hon. W. S. Morgan H.R. Feb. 6. 1836 to Jacob Jan 17. 42 " " March 14 1842 do. to Sec. War Jan 3. 1843
Tucker & Dlog & are 30/60
15-447
Shaded portion of paper affixed to the back of the document

1832 70 1762. 6.
1778 — 8 1/2
19. Brothhead and the com's g'n Peter Mc
81. 4m.
82. In - h. on the river
83. 4 Sps.
Mr. J. L. Edwards, Esqr.

Bulls, Jan. 30 th 1830.
Mr Edwards, Dr. Sir,
A suit having been instituted against Abraham McCulloch of the County of Ohio, Va. for money which he has drawn from the U.S. as a pension, it is requested by his Attorney that I should procure a copy of his declaration and the Certif depositions accompanying it, which, I presume, are on your files. - I must respectfully ask you to cause said papers to be copied, & the copies sent to me as soon as your other duties will permit.
Also,
A copy of the "original declaration and affidavits of Samuel Bowman", of Ohio Co. Va.
I am, very respectfully,
Yours,
M m S. Morgan.
Mr. J. L. Edwards, Esqr. }

No appeal in this Claim
This is a claim of the heirs for Arrears see this paper
Application for Concern of Mission
Abraham Chochullah deed. Remained on Virginia roll Act of 1832
Yucker & Lloyd Attys Present

State of Virginia Ohio County to wit
I Zachariah Jacob of Wheel- ing in the said County & State aged sixty five years, say that I was well acquainted from my boyhood with the said Abram McCollough and who was in his life time a United States Pensioner. I knew him well from the time of his arrival till his decease - He and Abram according to my remembrance & belief died at his farm in Ohio County about the month of May in the year eighteen hun- dred & thirty nine. Abram lives in Wheel- ing - is a practicing lawyer & has lived in Wheeling since the year eighteen hundred & twenty The said Abram lived on a farm in said County about six miles from Wheeling & where he died & being the same farm on which his said son Samuel now lives
The said Zachariah Jacob this day appeared before me the un- -designed a justice of the peace as in State in the above entitled and made oath that the facts stated by him in his said affidavit by him subscribed are true as he truly believes - Witness my hand & seal this 24 day of February 1860
Z Jacob
A. P. Woods J.P.

State of Virginia Ohio County to wit
On the twenty fourth day of February Eighteen hundred & fifty before me the undersigned a justice of the peace and one of the judges of the County Court in & for said County and State personally appeared Samuel M c Colloch surviving Executor of Abram M c Colloch deceased who being duly sworn declares that said Abram M c Colloch who was a Revolutionary pensioner on the Virginia roll, as will appear by reference to the proper papers in the Pension office at the City of Washington, died at his farm in Ohio County, afore- said on the fifth day of May in the year Eighteen hundred & thirty nine, and that no widow survived him, and that the following children of his sur- vived him, to wit, affiant Samuel M c Colloch , Elizabeth Smith widow of W m Smith dec d , Sarah M c Colloch, Ebenezer M c Colloch, Abram M c Colloch Rebecca Wilson widow of Joseph Wilson dec d , James M c Colloch, William M c Colloch, Margaret M c Col- loch Morgan wife of Edward Morgan and John M c Colloch, all of whom are still living ex- cept said John M c Colloch who died since said pensioner Abram. He makes this declaration for the pur- pose of obtaining the means of pension to which the said Abram M c Colloch was entitled at his decease - and that he hereby constitutes and appoints Tucker & Lloyd of Washington City

his attorney to prosecute the said claim In presence of Samuel M c Colloch - Secy George Sawtell J. Jacob
Sworn to & subscribed by the said Samuel M c Colloch before me in my said county of Ohio the day & year above written
J. P. Woods J.P.
State of Virginia
Ohio County to wit - I George Sawtell of said county aged fifty five years say that I was well acquaint- ed with the said Abram M c Colloch and that I knew him since I was about fifteen years old. The said Abram & my father who is dead lived on adjoining farms in said county & I now live on one of the said farms which was my father's - The said Abram M c Colloch died in the month of May in the year Eighteen hundred & thirty nine I was at his funeral & saw him buried
The said George Sawtell this day appeared before me the under- signed a justice of the peace as as stated in the above affidavit & made oath that the facts stated in his said affidavit are true Witness my hand & seal this 24 th day of February 1860
J. P. Woods J.P.
George Sawtell

August 25, 1916
Miss Mina W. Applegate, Wellsburg, West Virginia.
Madam:
In response to your letter dated the fifteenth instant, you are advised that the Revolutionary War records of this Bureau fail to afford any information in regard to Samuel McColloch.
From the papers in the claim S. F. No. 15,534 , Rev. War, it appears that Abraham McColloch was allowed a pension on account of an alleged service of twelve months and fifteen days as Private, Colonel Crawford's regiment, Virginia Troops.
Upon an examination of his claim in 1835, by the United States District Attorney, he stated that he had served in 1777 or 1778, three months and fifteen days; in 1779, under Colonel Brodhead, seven or eight weeks; under Colonel Crawford, one month. It therefore, appeared that his claim had been allowed for at least twice as much service as he had performed, that the proof offered did not justify the allowance, and his name was dropped from the pension roll in the year 1835.

He died May 5, 1839, in Ohio County, Virginia, on his farm six miles from Wheeling, leaving no widow, but the following children: Samuel, Elizabeth, widow of William Smith, Sarah, Ebenezer, Abram, Rebecca, widow of Joseph Wilson, James, William, Margaret, wife of Edward Morgan, and John.
Very respectfully,
J. M. Ratzgaber
Commissioner.

I
15534
INVALID.
1916, Aug. 25. Dist. to Mina Dr. Applegate. Letter with cl. 40114. John Wilson
File No. 15534
Abraham McCollach
Pre-Rev. War
Act: June 7 th 32
Index:—Vol. 1 , Page 248
[Arrangement of 1870.]

Pension Office,
OFFICIAL BUSINESS.
Chas. Olver Commissioner.
Messrs Tucker & Lloyd Present

Abraham W. Collett
Dec 10 th 1846 - red on
da letter of ...
Edward ...
David ...
Edward ...
Christopher ...
Edward ...
John ...
Samuel ...
James ...
William ...
Thomas ...
Richard ...
Charles ...
George ...
Henry ...
John ...
William ...
James ...
Samuel ...
Thomas ...
Richard ...
Charles ...
George ...
Henry ...
John ...
William ...
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Samuel ...
xx
Hon George B. Whiting
Commissioner of Pensions
Washington
Ill le
3
7

Col. Lannard
Mr.  Office
in what of the Court over of the wright - The 10 th Jan 63 Meyer

For
Am.
A letter from G. Jacobs contains what purports to be a copy of the proceedings of the Court before which the suit for the recovery of the money paid to Mr. Culloch was brought. The money was paid to Mr. Cochran on the 10 th Jan 43 & due to Mr. Potts by C. H. B. Meyer

G. Lucato Jan 17, 42 46

Pension Office July 15. 1842 17
203
Sir
In reply to your letter on the subject of the pension claimed by Abraham M c Culloch I have to state, that his name was dropped from the pension roll in the year 1835, on the ground that his claim was fraudulent. No proof has as yet been adduced to satisfy the Department that he was entitled to a pension.
The decision of the Court in the case, United States vs Abraham M c Culloch for monies due by him upon the culpest fraud prior to his being stricken from the roll, although in said M c Culloch's favor, furnishes no grounds to justify the Department in reinstating him on the pension roll. I am
Yr Facob E. [?] Wheeler, Jr.

Sec. War
3. Jany. 1843

Pension Office
January 3. 1843
Sir,
In the case of Abraham M c Culloch, referred to in the enclosed letters, I have the honor to make the following report:
M c Culloch's claim was admitted in March 1833 for an alleged service of 12 months and 15 days. In 1835 the U. S. Attorney for the western district of Virginia in which district M c Culloch resided, was requested to examine the case of M c Culloch among a great number of other cases in that section of country, with a view of ascertaining whether their claims were fraudulent or not, as information upon which we could rely had been received, showing that as there had been numerous attempts to defraud the government in claims for revolutionary service.
M c Culloch, when examined by the District Attorney, alleges a service of three months and 15 days in 1777 or 1778; one term of 7 or 8 weeks in 1779 under Col. Brodhead, and another term of one month under Col. Crawford, making in the whole not more than six months, giving the highest

credit to his his statement. He also alleged a supposed service as an Indian spy, about the close of the war, whether before or after he could not state with precision. The description of service which he mentions was never recognized by any law of the State of Virginia, nor by any resolution of Congress. Such service, however useful  whether it may have been to the western settlers, was a mere voluntary association, and was considered no part of the military service of the country. When, however, the claim was first allowed, we were not well informed in relation to the subject, and therefore supposed that he might have been engaged in the service as an Indian spy under the laws authorizing such a description of forces. It will be seen by comparing the statement before the Comt, copies of which I enclose, and the statement made before the District Attorney, that the claim was allowed for at least twice as much service as he performed. The Dept d determined that in all such cases the pension should cease, and none was thus situated were again admitted

to the pension list whose cases were not clearly established by additional proof.
The papers are upon which the Dept. m has acted are herewith respectfully submitted; and I request a return of them. The original evidence, of which a copy is enclosed, was sent to the District Attorney in order to prosecute the parties concerned for making false papers.
I have the
Hon. John C. Spencer Secretary of War

Tolson Department
J. L. Edward Esq. Washington City

United States District Court of for the Western District of Virginia at Charlottesville Fall term 1841
United States vs
Abraham McCulloch, Executor
} In case This day came as well
the District Attorney as the Defendants by their Attorney and thereupon came a jury to wit, Joshua M'Key, Joshua D. Stephenson, William D. Somerville, James Evans, John W. Coffman, Charles Lewis, Walker Elbert, Luther Haymond George Pritchard, Hugh W. Rootes, Augustine T. Bond & William W. Somerville all good & lawful men of the Western Federal District of Virginia who being elected tried and sworn the truth to speak upon the issue joined upon their oaths do say "We the jury find for the Defendant. Wherefore it is considered by the Court that the said Defendants go thereof without day."
The Clerk of the said Court furnished one with a copy of the verdict & judgment of the Court in this case and above is a copy of it
J. L. Edwards Clerk of Circuit. After the passage of the act of Congress passed 7 June 1832 for the benefit of certain soldiers in the Revolutionary war, Abraham McCulloch (now dead) of Ohio Co. Virginia applied to the proper Department for the benefit
McCulloch lived & died in Ohio Co. Virginia

of this act, submitting his declaration & proofs and thereupon he was affixed placed on the pension roll at the rate of $41.66 per year (if I am not mistaken). This pension he received & continued to receive for three years or thereabouts when he was by your order as I understood struck from the roll , and sued in said Court in order to recover back the pension money which had been paid him. This suit he met as it was proper an honest man should do, and he dying before his trial the suit was received by the U. States attorney after his 3 months, and was tried at the Court Term, and eventuated as the said copy will show you
I never had any doubt but that Mr McCollach was honestly entitled to be placed on the pension roll , and that this name was struck from the roll & suit brought in advertently. His papers are on file in your office, and will show the truth of what I say. It is true Mr Singleton, U. States Attorney made some state- ments to your office rather unfavorable to Mr McCollach, but I was satisfied that Mr Singleton had been deceived by his infor- -mants. McCollach declaration & proofs were

not at all impaired or contradicted by Mr Infatuous labours except in one small particular - namely as to the time spent in one of the campaigns (Broadlands Ireland) A man by the name of Morgan made it a week or two less than did McCallach's witness. This witness made it all his declaration did. The jury tried the cause on the merits & found for McCallach
I now write to you to know if he can the arrears of the pension so justly due & so long withheld can he had , without a petition to Congress. I have supposed that perhaps you could pay these arrears upon presentation of the proper papers, but being uninformed as to the usages of the government in such cases I have taken the liberty to address you this letter
Abraham McCallach died the 5 th of May 1839. The children, when there is no widow, I believe are entitled to arrears, and not the executors. The arrears (I speak from memory) are I believe about four years . May I ask the favour of a reply Yours respectfully J. Jacob

J. L. Edwards Esq. Commissioner of Pensions Washington

Whaling Jan'y 26-1842
Sir, Your letter of the 17 th inst. is before me in which you state that Abraham McCollach's name was dropped from the pension roll in the year 1835 on the ground that his claim was pendulent , and that no proof has as yet been adduced to satisfy your department that he was entitled to a pension; and that the decision of the Court, tho' in McCollach's favour furnished no ground to "justify the Department in retaining him on the pension roll."
I do not wish to be troublesome , nor do I wish to be thought disrespectful — May I not trouble however ask you for a more satisfactory answer ? In the multitude of the very perplexing duties of your office you may have hastily considered my late letter.
I knew that Mr McCollach was dropped from the pension on the ground that his claim was pendulent and that on the same suggestion he was sued to recover back the money he had received from the Government for his services during the war of the Revolution. But I did not know that it was necessary for the Pensioner, or his children now that he is dead, to furnish new proof before the old was seriously impeached.

The evidence on file in your Department with the his Declaration abundantly sustains the judgment of the Secretary who placed him on the roll: And may I not say that there is no sufficient evidence in your office to contradict or impeach his Declaration or the proof which accompanied it?
When this charge of fraud was made this old pioneer of the West (and who was an honest & an upright man and most respectably connected) was alive and he met the charge in the only way an honest & respectable man could meet it. He defended the suit, and stood upon the integrity of his conduct & the veracity of his witnesses. Before the trial he died and the Government reversed the suit against his executors. At last fall term the cause was tried & a verdict & judgment was rendered for the Def. The jury was out only a short time. All who heard the trial I believe thought the verdict right, and the Court prompt- -ly overruled a motion for a new trial. There was really no sufficient evidence to give rise to the belief for a moment that the old gentleman had committed a fraud or done any wrong. And I think I may safely say that all the evidence you have was offered by the Government

copy of an original to the He did the evidence on the Government only based from his in one single matter & that only about four weeks service. Look at the case - and it was one into
I repeat then, that the evidence in your office shows that he was rightly placed on the roll, and that there is no sufficient evidence, any where to impeach or contradict his proof, or to show that he committed any fraud, or did any wrong in the matter of his pension.
Now if I am right in what I say, I would again respectfully enquire whether your Depart- ment can not give the proper relief? If
I am right there must be relief some where - He can not possibly be otherwise - Or else the act of Congress in favour of these old men is a dead letter
I wrote you stating that Mr McCollach was dead, and that his children were now asking the arrears so justly due him, and enquiring if you could not relief them - If you can - and I don't not the Department has the power the proper evidence as to the paternity of the children will be submitted to
Yours respectfully
Z. Jacob

from of the Cab. When Copies were Sent to Hon W S Morgan H.R. Feb. 6. 1836.

I hereby Certify, that the accompanying page numbered from _____ to _____ truly copied from papers the originals of which were filed in the Pension Office, War Dept d , and are now in the hands of the U.S. Attorney for the Western District of Virginia.
Commissioner of Pensions.
Be it Remembered, that JAMES L. EDWARDS, who has signed the foregoing certificate, is Commissioner of Pensions; and that to his attestations full faith and credit are and ought to be given. In testimony whereof, I have here= unto subscribed my name, and caused the seal of the Department to be af= fixed, on this _____ day of _____ in the year of our Lord one thousand eight hundred and thirty=
Secretary of War.

Abraham M c Callach
1835
74 17 61 3.15.
Product 1.19 10.00
14
can. wa. no. in chlt. of
rest. at end of year
Wm. L. Jr. Pmo and 15 days from 1778 to 94 under Col d Crossfield $41.66
J Jacob Esq Wharton Pa

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Abraham McColloch 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 ? 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? not of a clergyman
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? yes.
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? has 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? 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? 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 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 affidavits must be properly authenticated, as above directed.
†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.

J. Jacobs
14. March 1842
GC
[Faint mirrored bleed-through text from the reverse side of the page]

Pension Office
March 14 1842
Sir,
In reply to your letter of the 26 Jany. last on the subject of the claim of the children of the late Michael McCulloch de for annuity of pension. I have to state, that although his claim was once allowed, as the payment continued to him up to the year 1831, it was subsequently found that the proof which had been offered did not justify such allowance. He was accordingly dropped from the roll, and has now died.
During his life he was unable to present such proof as would warrant his being re-enrolled upon the pension roll. The same proof will now be required before any annuity can be allowed his children. I am
J Jacobs Esq. Wheeling V.O.
J. G.

He as held at Clarksburg before the Honorable Isaac I. Murray another Judge of the District Court of the United States for the Western District of Virginia on Monday the sixth day of September in the year of our Lord One thousand eight hundred and forty one and in the 66th year of the Independence of the United States of America. He it remembered that heretofore, to wit: on the 23rd day of July 1835, came the United States of America by their attorney and issued out of the office of the said Court a writ of Capias ad respondendum against Abraham McCulloch, returnable to September Rule following. And at an other day, to wit: at Rule held in the Clerk's office of the District Court of the United States for the Western District of Virginia at Clarksburg on the first Monday in September 1835, the writ of Capias being returned by the Marshal "Procuratus, Capias left with the deft. a receipt of Ohio County, August. 1835," came the plaintiffs by their attorney and filed their declaration against the defendant. Which declaration with the annexment thereon is in the words and figures following, to wit: "United States of America. United States Court for the Western District of Virginia, Held at Clarksburg. To wit: The United States of America complains of Stephen McCulloch a citizen and inhabitant of Virginia, and of the District aforesaid in Cumberland of a plea of trespass on the case. For that whereas the said Defendant heretofore to wit: on the first day of July in the year of our Lord 1835 at the County of Ohio and in the District aforesaid, and within the jurisdiction of the said United States Court for the Western District of Virginia, was indebted to the said plaintiffs in the sum of $300. lawful money of the United States, for goods, wares and merchandise, before that time sold and delivered by the said plaintiffs to the defendant at his special instance and request; and being so indebted, he the said Abraham McCulloch in consideration thereof, afterwards, to wit: on the day and year last aforesaid, at the County aforesaid, and in the District aforesaid, understood and then and there faithfully promised and to the said plaintiffs the sum of $300. when he the said Defendant should be thereunto afterwards requested. And whereas also the said Abraham McCulloch afterwards, to wit: on the day and year last aforesaid, in the County and District aforesaid was indebted to the said plaintiffs in the sum of $300. of like lawful money of the United States for so much money of the said plaintiffs, before that time lent and

advanced to the said Abraham M c Calloch at his special instance and request; and being so indebted, he the said Abraham M c Calloch in consideration thereof afterwards, to wit: on the day and year first of record, in the County and District aforesaid, undertook and then and there faithfully promised to pay to the plaintiffs, the said last mentioned sum of money, when he the said Abraham M c Calloch should be thereunto afterwards requested:-
And whereas the said Abraham M c Calloch afterwards, to wit: on the day and year first of record, in the County and District aforesaid, was indebted to the said plaintiffs in the further sum of $300, of like lawful money of the United States, for so much money by the said plaintiffs before that time paid, laid out and expended to and for the use of the said Abraham M c Calloch at his like special instance and request; and being so indebted, he the said Abraham M c Calloch in consideration thereof afterwards, to wit: on the day and year last aforesaid, in the County and District aforesaid, undertook and then and there faithfully promised to pay to the said plaintiffs the said last mentioned sum of money, when he the said Abraham M c Calloch should be thereunto afterwards requested:-
And whereas the said Abraham M c Calloch afterwards, to wit: on the day and year last aforesaid, in the County and District aforesaid was indebted to the said plaintiffs in the further sum of $300, of like lawful money of the United States for so much money, by the said Abraham M c Calloch before that time has and received to and for the use of the said Plaintiffs; and being so indebted to the said plaintiffs, he the said Abraham M c Calloch in consideration thereof afterwards, to wit: on the day and year last aforesaid, in the County and District aforesaid, undertook and then and there faithfully promised to pay the said Plaintiffs the said last mentioned sum of money, when he the said Abraham M c Calloch should be thereunto afterwards requested. Yet the said defendant, although often requested, both before, and since still refused to pay the said several sums of money above mentioned, to the said plaintiffs, or any part thereof; by reason whereof an action hath accrued to the said Plaintiffs, to wit: for our reparation of our loss from the said Defendant, the said several sums above mentioned. To the Plaintiffs' damages $300, therefore

they are for
W. G. Singleton Dist Atty 22.
Indorsement: To recover $126 98, with interest for so much money paid by Plaintiff to defendant under seisin of the first law of June 7 1832. And the defendant being arrested and not appearing, on the motion of the plaintiffs, it is ordered that judgment be entered for the said plaintiffs against the defendant for what damages the plaintiffs ought to recover unless the defendant shall appear at the next rules and answer the plaintiffs action. And at another day, to wit: At rules held in the Clerk's office of the District Court of the first United States for the Western District of Virginia at Clarkesburg on the 27th day of October 1835. The defendant still failing to appear on motion of the plaintiffs by their attorney, it is ordered that the conditional judgment entered in this cause at the last rules stand confirmed, and that the plaintiffs damages be ascertained by a jury at the next term.
And at another day, to wit: At a District Court of the United States for the Western District of Virginia at Clarkesburg held on the 9th day of November 1835. This day came as well the District attorney as the defendant by his attorney and on motion of the defendant by his attorney the said conditional judgment against the defendant at rules in this cause are set aside and thereupon the defendant saith that he is not answerable upon himself in any manner and form as the plaintiffs in their declaration against him in his house alleged, and of this he putteth himself upon the Country and the District attorney doth the like. On motion of the defendant by his attorney the cause is continued until the next term.
And at another day, to wit: At a District Court of the United States for the Western District of Virginia held at Clarkesburg on the 6th day of June 1836. On motion of the defendant and for reasons appearing to the Court this cause is continued until the next term at his costs.
And at another day, to wit: At a District Court of the United States for the Western District of Virginia held at Clarkesburg on the 10th day of September 1836. On motion of the District Attorney and for reasons appearing to the Court this cause is continued until the next term.
And at another day, to wit: At a District Court of the United States for the Western District of Virginia held at Clarkesburg on the 4th day of September 1838. This day came as well the District attorney as the defendant by his attorney and on motion of the District Attorney and for reasons appearing to the Court this cause is continued until the next term.
Continued by deft
Continued by deft

dist 9 2/2
And at another day, to wit: At a District Court of the United States for the Western District of Virginia held at Clarkburg on the 3 rd day of September, 1839. It being suggested to the Court that the deft in this cause had deposited his wife, On motion of the District attorney it is ordered that a scire facias be awarded to revive the said against John McCulloch and Samuel McCulloch executors of the estate of the said defendant returnable here on the first day of the next term.
And at another day, to wit: At a District Court of the United States for the Western District of Virginia held at Clarkburg on the 8 th day of April, 1840. The writ of scire facias awarded in the cause at the last term of the Court not having been returned to this term as required in said writ by the Marshal of this Court. On motion of the District attorney it is ordered that an alias scire facias be awarded against the executors of the defendant and may be returnable here on the first day of the next term.
The writ of scire facias together with the return thereon is in the words and figures following, to wit:
"The President of the United States of America. To the Marshal of the Western District of Virginia. Greeting: Whereas in an action on the assumpsit, deposing in our District Court of the United States for the Western District of Virginia held at Clarkburg between the United States of America plaintiff and Abraham McCulloch defendant proceedings were had for as in the said court on the 9 th day of November 1835, that the said defendant pleaded non assumpsit and for his trial put himself upon the Country and the plaintiff like wise and the cause being thus situated was continued from term to term of said Court until the 3 rd day of September, 1839. At which term of said Court and whereas it appearing at the term last aforesaid that the said defendant has deposited his wife leaving a will wherein he appointed John McCulloch & Samuel McCulloch executors of his said last mentioned will & testament, and it also appearing to said Court that they the said John McCulloch & Samuel McCulloch executors as aforesaid have taken upon themselves the burden of the duties imposed on them under the will aforesaid according to law, and at the term last aforesaid of said Court it awarded a writ of scire facias against the said executors to be returnable on the first day of the next term of said Court, and whereas on the 8 th

day of October 1839 he said Sci faeas was issued as aforesaid against the said executors & made returnable as left aforesaid. And whereas at our United States Court for the Western District of Virginia held at Charlottesville as aforesaid on the 20th day of April 1840, it appearing to the said portion of said court that the writ of Sci faeas issued in this cause in pursuance of the order made at the last term as required in said writ. Whereupon an alias Sci faeas was awarded against the plaintiffs against the said John M c Collough & Samuel M c Collough executors as aforesaid & the same returnable on the first day of the next term of said court. Therefore we command as we have heretofore commanded you that you make known to the said John M c Collough & Samuel M c Collough executors as aforesaid that they be before the judges of the said Court of the United States for the Western District of Virginia at Charlottesville on the first day of the next term to show cause if any they can why the action aforesaid should not be proceeded in to a final decree judgment according to the form of the acts of Congress in that case made and provided and how you then then this writ. Witness, the Honorable Isaac I. Perrybacker, judge of the United States Court for the District aforesaid at Charlottesville the 9th day of April, A.D. 1840 and in the 64th year of the Independence of the United States of America.
Rich d W. Moore Clerk U.S.D.C. W.D.Va.
Enforcement and Return.
The acknowledgment service of the writ of Sci faeas.
Samuel M c Collough.
John M c Collough
Served as notice on the book
Stationers & M c Point M c
And at our other day, to wit: At a District Court of the United States for the Western District of Virginia held at Charlottesville on the 20th day of September 1840, the alias writ of Sci faeas awarded in the cause at the last term of this court not having been returned to this term as required in said writ. Application of the District Attorney is made that a pluries Sci faeas be awarded against the executors of the Defendant.

and made returnable here on the first day of the next term And at another day, to wit: The District Court of the United States for the Western District of Virginia held at Clarkburg on the 6th day of April, 1841.
On motion of the Defts and for reasons appearing to the Court this cause is continued until the next term at their costs.
And now at this day, to wit: The District Court of the United States for the Western District of Virginia held at Clarkburg on the same day and year as first herein above written, to wit: on the 6th day of September 1841.
"United States.
Pfiffs.
In case.
vs Abraham McCulloch's Prosecutors. Defts.
This day come as well the District attorney as the Defendants by their attorney and thereupon came a jury, to wit: Joshua M'Clay, John D. Stephenson, William Adair and twelve others Evans, John W. Coffey and others, Charles Lewis Walker, Eber, Luther H. Montgomery, Henry Pritchett Alexander W. Rector, Agustin P. Bous and William Mc. Lame and twelve other good and lawful men of the Western Judicial District of Virginia who being selected here and sworn the truth to speak upon the issue joined upon their oaths to say "The the jury find for the Defendants." Therefore it is considered by the Court that the said defendants go thereof without day.

United States of America.
Western District of Ohio, ss.
I, Joseph W. Caldwell, Clerk of the District Court of the United States for the Western District of Ohio, at Columbus, do hereby certify that the foregoing is a true transcript from the records of the said Court.
In testimony whereof I have set my hand and affixed the seal of the said Court at Columbus, this 16th day of June A.D. 1860 in the 84th year of the Independence of the United States of America. Joseph W. Caldwell.
Fee for transcript 2.00 Copy of same .50

Washington D.C. June 4 th 1860.
Hon Gen. C. Whiting Comm r of Pensions.
Sir..
I have filed in your office the Claim for a restoration of the Pension of Abraham M c Culloch who was a Revolutionary Pensioner on the Virginia roll under the Act of June 7 th 1832. and whose pension was suspended. The Claim was rejected as appears by your letter to our firm of Tucker & Lloyd under date of April 30. 1860. having reference to several Claims of the same character.
I have requested a re-examination of these Claims by my letter of the 30 th ult. referring more particularly to the Claim of Samuel Harbert. I now send enclosed a transcript of the proceedings had in the U.S. District Court for the Western District of Virginia in the case of the United States vs. Abraham M c Culloch, a suit instituted to recover the Pension Money paid Mr. M c Culloch prior to the suspension of his pension. It will be seen that prior to the termination of the suit Mr. M c Culloch died and the suit was renewed against his Executors. and that at the trial had in September 1841. a verdict for defendants was rendered.

I will here state what should have been mentioned in my letter of the 30 th ult. that of the pensioners named in your letter of the 30 th of April last, viz.. Sam l Harbert, Edw a Harbert, Abraham M c Colloch, Edward Kearney, Edward Gordon and Christopher M c Vaney. the only suit instituted by the United States against them was that against Abraham M c Colloch. the result of which is seen in the enclosed paper.
Very respectfully Your Ob t . Servt.
Chas. C. Tucker.

Washington D.C. Nov. 26 '60
Hon. Geo. C. Rooting Comt. of Pensions
Sir
I enclosed find the application of the heirs of Abraham M c Cracken deed who was a pensioner of the U.S. on the Virginia roll under the act of June 1832 and whose pension was suspen- ded for a restoration of said pension.
Very Respectfully
Slusher & Lloyd